National Environmental Policy Act Regulations: Phase 2 – Streamlining NEPA Review

This is the third 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 on Environmental Quality (CEQ). The Final Rule amends CEQ's National Environmental Policy Act (NEPA) regulations (40 C.F.R. §§ 1500–1508). Previous eAlerts have provided a brief overview of the Final Rule and a discussion on how the Final Rule addresses the threshold determination of whether NEPA applies in the first place.

On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (FRA) into law, substantively amending NEPA for the first time in nearly 50 years. Among the most significant changes to NEPA effectuated by the FRA are provisions aimed at streamlining the NEPA review process. The Final Rule updates NEPA regulations to reflect FRA reforms and to revise existing regulations in other ways to ensure efficiency in the NEPA process. Issuance of the Final Rule marks