On October 7, 2021 the Council on Environmental Quality (“CEQ”) published a proposed rulemaking (“Proposed Rule”) to modify three aspects of its regulations implementing the National Environmental Policy Act (“NEPA”) (42 U.S.C. 4321 et seq.). CEQ’s Proposed Rule is the first step in a two-step rulemaking process to update and modify the CEQ’s July 2020 final rule titled “Update to the Regulations Implementing the Procedural Provisions of NEPA” (“2020 Rule”). CEQ’s Proposed Rule seeks to reverse several significant regulatory changes to NEPA promulgated at the end of the Trump Administration in the 2020 Rule.

The CEQ’s press release states that the “2020 changes caused implementation challenges for agencies, and sowed confusion among stakeholders and the general public,” concluding that the Proposed Rule will “restore durability and regulatory certainty.”  The three changes are as follows: 

The Proposed Rule would re-establish a more robust NEPA review, where project developers can expect federal agencies to undertake a broader and more comprehensive NEPA regulatory review process with respect to analyzing alternatives and impacts, including analyses of climate change and environmental justice considerations in project site development and planning efforts.

CEQ is accepting public comments on the Proposed Rule through November 22nd, 2021. CEQ intends to publish a broader set of changes to NEPA as step two of this rulemaking process in the next few months.

For questions regarding this Client Alert, or for assistance in submitting comments, please contact Lippes Mathias’ Environment & Energy Team Practice Leader, Ian Shavitz at ishavitz@lippes.com or Senior Associate, Christina Bonanni at cbonanni@lippes.com.