National Environmental Policy Act (NEPA) Phase II Regulations Are Here – "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice.

Critics claimed that the final rules will increase the burden on infrastructure development and lead to more delays. They argued that the rules were biased in favor of certain kinds of federal actions, like renewable energy and public transit, at the expense of approvals for traditional energy development and mining extraction. Indeed, on the day the almost 500-page notice was released, politicians threatened reversal of the rules under the Congressional Review Act (CRA).