National Environmental Policy Act Regulations: Phase 2 – A Deeper Dive, Part 1

On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA), in part to address amendments to NEPA made pursuant to the Fiscal Responsibility Act (FRA) and solidify Biden-Harris administration (Administration) environmental policies. The Final Rule is the second of a two-part NEPA rulemaking (Phase 2 Revisions) initiated by the Administration, which identified revising NEPA implementing regulations among its highest priorities in the early days of the administration.

This is the first in a series of six eAlerts that will examine the contents of the Final Rule and provide insight into how the Final Rule may (or may not) affect the NEPA compliance process moving forward.