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ARTICLE · 18 JULY 2020

The New NEPA Rules Are Final: Still Giving Regulatory Reform A Bad Name

CEQ has finalized revisions to the NEPA regulations. I don't have too much to add to my post on the proposed rule back in January. NEPA needs reform.

United StatesEnvironment

CEQ has finalized revisions to the NEPA regulations. I don't have too much to add to my post on the proposed rule back in January. NEPA needs reform. These regulations, however, are not the reform NEPA needs.

The rule largely tracks the proposed rule. It is worth noting, however, that, contrary to this administration's frequently cavalier attitude toward judicial review, they have made a few tweaks to increase the likelihood that the rule will survive review. I have two favorites. First, the word "generally" in the sentence below did not appear in the proposed rule:

Effects should generally not be considered if they are remote in time, geographically remote, or the product of a lengthy causal chain.

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