Council on Environmental Quality Finalizes Overhaul of NEPA Regulations
“President Trump announced the Council on Environmental Quality’s final rule, Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act. This rulemaking marks the first substantial revision to the NEPA regulations since their initial promulgation over 40 years ago. The CEQ released the proposed rule in January 2020 for a 60-day public comment period, during which the Council received over 1.1 million comments. Though well received by industry stakeholders as emphasizing best practices to streamline the NEPA review process, the proposal faced heavy criticism from environmental groups for a variety of reforms they believe curtailed opportunities for public participation and altered the scope of traditional NEPA analysis,” write Fred R. WagnerThomas M. LinganTyler G. Welti Chelsea E. O’Sullivan in Venable LLP’s Insights.
“The final rule, which comes just a few months after the close of the public comment period despite the enormous public response, largely tracks the proposal and retains some of the more controversial provisions.”