NEPA Phase II Final Rule Goes Into Effect, Bringing Climate Change And Environmental Justice To The Forefront

On July 1, 2024, the Council on Environmental Quality's (CEQ) final rule implementing the revised National Environmental Policy Act (NEPA) Phase II regulations came into effect. This rule represents the culmination of the Biden Administration's efforts to update and revise the Trump Administration's 2020 modifications to NEPA.

The Phase II rulemaking aimed to rearticulate key policies underpinning NEPA and integrate climate change and environmental justice considerations into NEPA reviews. The proposed rule, which we previously covered on this blog, was published in July 2023. CEQ received approximately 920 unique public comments on the proposed rule. In large part, the final version of the rule remained unchanged. One notable revision was changing the requirement from agencies using the "best available science" to "reliable data and resources," to address concerns about impediments to energy development projects. However, CEQ retained the requirements for climate