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ARTICLE · 16 JULY 2025

Federal Agencies Roll Out New NEPA Regulations

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Several federal agencies have released modified National Environmental Policy Act (NEPA) implementing regulations. Some of these changes were in progress under the previous administration...

United StatesEnvironment
Courtney Shephard
Courtney Shephard
Steven Barringer
Steven Barringer
KerriL. Barsh
KerriL. Barsh

Several federal agencies have released modified National Environmental Policy Act (NEPA) implementing regulations. Some of these changes were in progress under the previous administration but were expedited by two recent developments: (1) the U.S. Court of Appeals for the D.C. Circuit decision concluding that the Council on Environmental Quality (CEQ) lacked the legal authority to issue binding regulations, and (2) Executive Order 14154, Unleashing American Energy, which directed CEQ to propose guidance on rescinding its regulations and directing federal agencies to expedite permitting approvals.

Key Provisions of the Builder Act and Expedited NEPA Review

In 2023, Congress amended NEPA through the Builder Act, Pub. L. No. 118-5, § 321, enacted as part of the larger Fiscal Responsibility Act of 2023. The Builder Act imposes page and time limits for NEPA review documents: 75 pages and one year for environmental assessments (EAs), and 150 pages (300 pages if

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