National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule amends CEQ's National Environmental Policy Act (NEPA) regulations (40 CFR Parts 1500-1508). Previously, we providedeAlerts focusing on changes made to the circumstances triggering NEPA review, NEPA streamlining provisions, and public involvement in the NEPA process.

In this eAlert, we focus on a number of other changes in the Final Rule that may have significant impacts to projects undergoing NEPA review, including: (1) the ability of an agency to enforce the mitigation supporting a mitigated finding of no significant impact (FONSI), consider alternatives outside the lead agency's jurisdiction, and conduct or require additional studies or gather additional data; (2) a requirement to address the greenhouse gas (GHG) impacts associated with the