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ARTICLE · 27 JUNE 2023

NEPA Amendments Aim To Streamline Environmental Review But Largely Codify The Status Quo

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Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental...

United StatesEnvironment
James Rusk
James Rusk
Bella Spies
Bella Spies
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Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the scope of review and agencies' roles, and narrowing some key definitions. Most of the amendments simply codify regulatory definitions or agency practices already in effect, so the practical impact of the changes is likely to be limited. Nonetheless, the amendment of NEPA is noteworthy in its own right and could signal a new willingness in Congress to address a process often seen as cumbersome and prone to delay.

The NEPA amendments included in the FRA, which President Biden signed into law on June 3, include the following clarifications and revisions:1

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