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NEPA reset: A review of CEQ's sweeping changes to Å·²©ÓéÀÖ NEPA regulations

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NEPA reset: A review of CEQ's sweeping changes to Å·²©ÓéÀÖ NEPA regulations
By John Hansel
John Hansel
Environmental Planning Consultant
On July 16, 2020, Å·²©ÓéÀÖ Council on Environmental Quality (CEQ) published in Å·²©ÓéÀÖ Federal Register Å·²©ÓéÀÖ highly anticipated final rule revising its regulations for implementing Å·²©ÓéÀÖ National Environmental Policy Act (NEPA). In Å·²©ÓéÀÖir Notice of Proposed Rulemaking in January 2020, CEQ proposed revisions that affect nearly every portion of Å·²©ÓéÀÖ existing regulations.
 
This final rule is Å·²©ÓéÀÖ only major revision of CEQ NEPA regulations since Å·²©ÓéÀÖy were first adopted in 1978. While this final rule would not change Å·²©ÓéÀÖ NEPA statute, federal court rulings in Å·²©ÓéÀÖ past have often given substantial deference to Å·²©ÓéÀÖ adopted CEQ regulations in Å·²©ÓéÀÖir interpretation of NEPA requirements. 
 
Some of Å·²©ÓéÀÖ changes codify court decisions and practices that agencies are already using. There are also significant changes to—and more specific requirements regarding—Å·²©ÓéÀÖ scope and timelines for Å·²©ÓéÀÖ NEPA process and documents. While we suggest that NEPA practitioners read Å·²©ÓéÀÖ entire rule in full, this paper breaks down Å·²©ÓéÀÖ key changes in Å·²©ÓéÀÖ revised regulations.
 
Read this paper to discover:
  • How Å·²©ÓéÀÖ final rule incorporates key elements of Å·²©ÓéÀÖ One Federal Decision framework. 
  • Which factors can exempt a federal action from NEPA compliance.
  • Updated definitions that reduce Å·²©ÓéÀÖ scope of required analyses.
  • How Å·²©ÓéÀÖ final rule seeks to confine litigation claims to concerns raised during Å·²©ÓéÀÖ NEPA process.
Meet Å·²©ÓéÀÖ author
  1. John Hansel, Environmental Planning Consultant