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ARTICLE · 31 OCTOBER 2023

Biden Administration Proposes "Phase 2" Revisions To NEPA Regulations

Sive, Paget & Riesel
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The Biden Administration's overhaul of the Trump Administration's 2020 modifications to NEPA began with a first phase of rulemaking in May 2022.

United StatesEnvironment
Meg Holden
Meg Holden
Nika D. Sabasteanski
Nika D. Sabasteanski
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On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the environment, unless the action is excluded. Not only do the proposed rules restore a significant number of provisions to their pre-1978 form, but CEQ has taken the opportunity to re-articulate key policies motivating NEPA, and re-characterize others to directly incorporate climate change and environmental justice considerations into NEPA review.

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