NEPA Regulations: A Shifting Landscape for Infrastructure Development
CEQ’s Evolving NEPA Regulations — Part I
CEQ's Phase I NEPA revisions restore key elements of environmental review. Changes include renewed focus on direct, indirect, and cumulative effects, broader "purpose and need" definitions, and allowing agencies to exceed CEQ's minimum standards. Simultaneously, new timelines aim to expedite reviews. While these updates present challenges, they also offer streamlining opportunities. Agencies like FERC have strong track records in timely reviews, but all stakeholders must adapt to ensure both compliance and efficiency in project approvals.
CEQ’s Evolving NEPA Regulations — Part II
CEQ's Phase II NEPA revisions, effective June 30, 2024, introduce more substantial changes. Key updates include codifying climate change and environmental justice considerations, new mitigation monitoring requirements, and streamlined processes for categorical exclusions. While some changes may increase analytical burdens and litigation risks, others offer potential efficiencies. These revisions face legal challenges from 20 states. With the upcoming election, further changes to NEPA regulations remain possible. Stakeholders must navigate these evolving rules carefully to balance thorough environmental reviews with project development needs.