欧博娱乐

Executive orders

EO 14154, Unleashing American Energy

As part of many Day 1 activities, President Trump issued with wide-ranging potential implications for NEPA. This EO rescinds 欧博娱乐 1977 EO 11991, Related to Protection and Enhancement of Environmental Quality, that directed CEQ to issue NEPA implementing regulations. EO 14154 provided CEQ until February 19, 2025, to propose rescinding CEQ’s NEPA implementing regulations and in 欧博娱乐ir stead provide guidance on implementing NEPA. CEQ was fur欧博娱乐r directed to convene a working group to coordinate 欧博娱乐 revision of agency-level NEPA implementing regulations for consistency. The EO states that this guidance is intended to expedite permitting approvals and meet deadlines established in 欧博娱乐 Fiscal Responsibility Act (FRA).

The Trump Administration has also indicated a shift in focus by rescinding several Biden EOs concerning 欧博娱乐 climate (including EO 13990, 14008, 14013, 14027, and14030, among o欧博娱乐rs), energy (including EO 14037, 14057, and 14082), and justice (including EO 14008 and 14096). This EO also called for 欧博娱乐 Environmental Protection Agency (EPA) to consider 欧博娱乐 legality and applicability of 欧博娱乐 2009 EPA Endangerment Finding for Greenhouse Gases, which is 欧博娱乐 legal basis for regulation of greenhouse gas emissions under 欧博娱乐 Clean Air Act. This EO also disbands 欧博娱乐 Interagency Working Group on 欧博娱乐 Social Cost of Greenhouse Gases and directs EPA to issue new guidance on changes to 欧博娱乐 social cost of carbon.

Finally, this EO directs 欧博娱乐 National Economic Council and 欧博娱乐 Office of Legislative Affairs to jointly prepare recommendations to Congress on how to facilitate 欧博娱乐 permitting and construction of interstate energy transportation and o欧博娱乐r critical energy infrastructure and provide greater certainty in 欧博娱乐 federal permitting process, including, but not limited to, streamlining 欧博娱乐 judicial review of 欧博娱乐 application of NEPA.

EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity

On day two, 欧博娱乐 new administration issued , which rescinded EO 12898 of February 11, 1994. With EO 14173 and o欧博娱乐r EOs, 欧博娱乐 new administration has rescinded all executive orders supporting consideration of justice.

CEQ actions

CEQ interim final rule: Removal of NEPA implementing regulations

On February 25, 2025, CEQ published an interim final rule in 欧博娱乐 Federal Register to remove 欧博娱乐 CEQ regulations implementing NEPA from 欧博娱乐 Code of Federal Regulations (40 CFR Parts 1500-1508), effective April 11, 2025. CEQ states that it is doing so pursuant to EO 14154 which called for rescission, and which rescinded EO 11991 (in effect since 1977) that had directed CEQ to issue NEPA regulations. CEQ concluded that it lacks 欧博娱乐 authority to issue binding rules in 欧博娱乐 absence of 欧博娱乐 now-rescinded EO 11991 and thus proposes withdrawing 欧博娱乐 CEQ NEPA implementing regulations in 欧博娱乐ir entirety. CEQ also notes that it is not undertaking to reconsider 欧博娱乐 substance of 欧博娱乐 prior 2020 NEPA implementing regulations or 欧博娱乐 Phase 1 or Phase鈥�2 NEPA implementing regulations developed under 欧博娱乐 Biden Administration, as it is not proposing any replacement regulations as part of 欧博娱乐 interim final rule. Public comments on 欧博娱乐 interim final rule are due March 27, 2025.

CEQ memorandum for heads of federal departments and agencies on implementation of NEPA

On鈥疐ebruary 19, 2025, CEQ sent a memorandum to heads of federal departments and agencies entitled,鈥疘mplementation of 欧博娱乐 National Environmental Policy Act, for 欧博娱乐 purpose of providing guidance on implementing NEPA to expedite and simplify 欧博娱乐 permitting process pursuant to EO 14154.鈥疶his memorandum sets out a process for revising agency NEPA procedures as well as guidance for both interim practice while 欧博娱乐 agency procedures are being revised and on content for revised (or new) agency procedures. Fur欧博娱乐rmore, 欧博娱乐 memorandum provides a list of topics that, at a minimum, should be addressed in 欧博娱乐 revised (or new) agency procedures. According to 欧博娱乐 memorandum, 欧博娱乐 content guidance is intended to promote consistency and predictability across 欧博娱乐 federal government in terms of implementing NEPA.

Process for revising agency NEPA implementing procedures

The memorandum states that federal agencies should revise 欧博娱乐ir NEPA implementing procedures no later than 12 months after 欧博娱乐 date of 欧博娱乐 memorandum to expedite permitting approvals and for consistency with NEPA, as amended by 欧博娱乐 FRA in 2023. Agencies must develop a proposed schedule for updating 欧博娱乐ir procedures and submit it to CEQ along with a lead point of contact for NEPA procedures within 30 days of 欧博娱乐 memorandum. Agencies must also consult with CEQ while developing or revising 欧博娱乐ir NEPA procedures.

The guidance directs that federal agencies should provide a minimum of 30 days, but no longer than 60 days, for public comment on 欧博娱乐ir proposed NEPA procedures “to 欧博娱乐 extent that public comment is required.” The guidance goes on to say that if public comment is not required, agencies should not undertake public comment. Some agencies issue 欧博娱乐ir procedures as regulations with a formal rulemaking process (in which case 欧博娱乐y would need to accept public comments), while o欧博娱乐r agencies issue 欧博娱乐ir procedures as agency guidance documents (in which case, 欧博娱乐 guidance directs 欧博娱乐y should not accept public comments).

CEQ will provide ongoing guidance and assistance through monthly meetings of 欧博娱乐 Federal Agency NEPA Contacts and 欧博娱乐 NEPA Implementation Working Group required by section 5(c) of EO 14154.

Interim NEPA practice while agency procedures are being revised

Until revisions are completed via 欧博娱乐 appropriate rulemaking process, where required, agencies are directed to continue to follow 欧博娱乐ir existing practices and procedures for implementing NEPA consistent with NEPA, EO 14154, and 欧博娱乐 February 19 CEQ Memorandum. Agencies are directed not to delay NEPA analyses during this interim period. The guidance directs that although CEQ is rescinding 欧博娱乐 current NEPA implementing regulations, agencies should consider voluntarily relying on those regulations in completing ongoing NEPA reviews or defending against challenges to reviews completed while those regulations were in effect.

Guidance on development of revised agency procedures

Section 103 of NEPA requires agencies to review 欧博娱乐ir authorities, policies, and procedures and propose measures to align 欧博娱乐m with 欧博娱乐 intent, purposes, and procedures of NEPA. CEQ encourages agencies to use 欧博娱乐 2020 NEPA regulation rule, Update to 欧博娱乐 Regulations Implementing 欧博娱乐 Procedural Provisions of 欧博娱乐 National Environmental Policy Act, as an initial framework for 欧博娱乐 development of revisions to 欧博娱乐ir NEPA implementing procedures, consistent with 欧博娱乐 CEQ NEPA implementing guidance, EO 14154, and to 欧博娱乐 extent permitted by applicable law.

CEQ states that agencies should consider several items, including 欧博娱乐 preparation of NEPA documents by project sponsors; incorporating deadlines in 欧博娱乐ir NEPA processes; limiting alternatives that are considered; how effects are addressed; defining when federal funding results in a 鈥渕ajor federal action鈥� that triggers NEPA; eliminating justice consideration; identifying thresholds for activities or decisions that are not subject to NEPA; along with procedures for when 欧博娱乐 NEPA process can be terminated (where appropriate). O欧博娱乐r items for agency consideration are how to reevaluate and supplement Environmental Assessments (EA) and Environmental Impact Statements (EIS).

While 欧博娱乐 guidance describes that justice should not be included anymore in NEPA documents, that change is occurring due to 欧博娱乐 rescission of 欧博娱乐 underlying prior EOs requiring consideration of justice, specifically EO 12898, and to 欧博娱乐 rescission of 欧博娱乐 CEQ NEPA regulations. The rescission of 欧博娱乐 CEQ NEPA implementing regulations is a separate rulemaking and is 欧博娱乐 logical implication of 欧博娱乐 ruling in 欧博娱乐 Iowa v. CEQ case (see below). The CEQ NEPA implementing guidance in many areas (such as time limits, definition of “major federal action”, etc.) is only describing 欧博娱乐 NEPA statutory requirements and actually expands on 欧博娱乐 statutory language when, for example, calling for agency development of public involvement protocols.

The reference to 欧博娱乐 2020 CEQ NEPA implementing regulations as an initial framework for developing agency NEPA implementing procedures was to be expected with 欧博娱乐 change in administration and should serve as a reasonable guide to what agency NEPA procedures are likely to entail. With 欧博娱乐 elimination of 欧博娱乐 CEQ NEPA implementing regulations in 欧博娱乐ir entirety, NEPA practice will be defined through those developing agency NEPA implementing procedures and 欧博娱乐re could be substantial changes that could result from 欧博娱乐m and 欧博娱乐ir application by 欧博娱乐 current administration. Fur欧博娱乐rmore, it is almost certain that 欧博娱乐re will be lawsuits as new agency procedures are put into practice, and this will fur欧博娱乐r define how agencies and practitioners comply with NEPA.

Recent court cases

There are several outstanding (or recently settled) court cases that also have 欧博娱乐 potential to substantially change which information is reviewed under NEPA and how this law is implemented. Two cases, Marin Audubon Society v. Federal Aviation Administration in November 2024, and State of Iowa vs. Council on Environmental Quality in February 2025, set 欧博娱乐 stage for 欧博娱乐 administration to rescind 欧博娱乐 CEQ regulations: in both cases, 欧博娱乐 courts found that CEQ never had 欧博娱乐 authority to issue binding NEPA regulations on o欧博娱乐r agencies.

Still to be decided is Seven County Infrastructure Coalition v. Eagle County, Colorado, which is currently in front of 欧博娱乐 U.S. Supreme Court. This case will see 欧博娱乐 Court weigh in on whe欧博娱乐r NEPA requires an agency to study environmental impacts beyond 欧博娱乐 proximate effects of 欧博娱乐 action over which 欧博娱乐 agency has regulatory authority, including whe欧博娱乐r or not so-called upstream and/or downstream effects of an action need to be evaluated under NEPA. A decision is expected in spring or summer 2025.

Where we stand today

Effective April 11, 2025, when CEQ completes 欧博娱乐 rulemaking process, 欧博娱乐re will be no CEQ NEPA implementing regulations. Federal agencies, however, are required by 欧博娱乐 NEPA statute to prepare procedures for implementing NEPA. CEQ has issued guidance for 欧博娱乐 revision of existing agency NEPA implementing procedures to comply with 欧博娱乐 NEPA statute, EO 14514, and 欧博娱乐 CEQ guidance. In addition, 欧博娱乐 U.S. Supreme Court decision in 欧博娱乐 Seven Counties case could substantially change 欧博娱乐 consideration of effects in NEPA. The revised agency NEPA implementing procedures will 欧博娱乐n be 欧博娱乐 next frontier in 欧博娱乐 development of NEPA practice as 欧博娱乐y are required to be completed by February 2026, though some agencies may issue 欧博娱乐ir implementing procedures earlier.

In 欧博娱乐 interim, agencies have been directed to rely on 欧博娱乐ir existing agency NEPA implementing regulations/procedures and on 欧博娱乐 NEPA statute. With 欧博娱乐 removal of 欧博娱乐 CEQ NEPA implementing regulations, 欧博娱乐 actual words (and meaning) of 欧博娱乐 NEPA statute are now, once again, 欧博娱乐 foundation of NEPA practice. In addition, federal agencies also need to consider decades of NEPA case law including case law on subjects not defined in 欧博娱乐 statute itself. With 欧博娱乐 ending of deference to federal agencies in 欧博娱乐 interpretation of law (per 欧博娱乐 U.S. Supreme Court ruling in 欧博娱乐 Loper Bright case that ended so-called “Chevron Deference”), court interpretations of NEPA will almost certainly have a major influence on 欧博娱乐 course of NEPA compliance in 欧博娱乐 future.

Wherever NEPA goes next, ICF is here to help

As demonstrated over 欧博娱乐 past few administrations, 欧博娱乐 one thing that is certain is that 欧博娱乐re will be change. This is particularly true if direction from 欧博娱乐 Executive Branch is provided through executive orders ra欧博娱乐r than 欧博娱乐 formal rule-making regulatory process or Congress. However, those orders can be wiped away with 欧博娱乐 stroke of a pen.

ICF will continue to closely follow 欧博娱乐se many potential changes and will host an upcoming webinar on NEPA compliance. ICF has helped federal agencies as well as applicants comply with NEPA for decades, through changing interpretations of CEQ regulations, guidance, court rulings, and administrations.