Proposal Raises More Questions Than Answers About NEPA Future

The National Environmental Policy Act recently celebrated its semicentennial. Soon after, the administration proposed a major rework of its implementing regulations. Describing NEPA as "outrageously slow" (President Trump), "unnecessarily complex" (Council on Environmental Quality Chair Mary Neumayr), and "too bureaucratic and burdensome" (EPA Administrator Andrew Wheeler), the administration pledged to streamline and simplify. Environmental practitioners are well familiar with these critiques, as multiple administrations have pursued reforms. The recently proposed changes, however, would constitute the most comprehensive makeover in decades.

CEQ proposes changes to nearly every section of its NEPA regulations. Many of the changes codify existing case law, CEQ guidance, and agency practice. Others represent a significant departure from the current legal framework. Especially noteworthy are new definitions for major federal action, reasonable alternatives, effects,