National Environmental Policy Act (NEPA) Updates

WASHINGTON, D.C.

On April 16, 2021, the new Department of the Interior (DOI) Secretary issued Order No. 3099 (Order) stating Bureaus/Offices will not apply the 2020 NEPA Rule (2020 Rule) in a manner that would change the application or level of NEPA that would have been applied to a proposed action before the 2020 Rule took effect on September 14, 2020.

The 2020 Rule directed agencies to develop or revise NEPA procedures to implement the regulations and eliminate any inconsistencies with the revised regulations within one year.  In accordance with Executive Order 13990, the Council on Environmental Quality (CEQ) is reviewing the 2020 Rule to determine if it may adversely affect environmental justice communities, climate change, or environmental quality.  The new Order supports EO 13990 and effectively directs DOI Bureaus/Offices to follow existing DOI NEPA procedures, as well as guidance and instruction from the Office of Environmental Policy and Compliance. The Order also promotes consideration of greenhouse gas emissions and climate change impacts, Tribal consultation, and Environmental Justice engagement in NEPA.  

The Southern Environmental Law Center (SELC) virtual court hearing on the Trump Administration’s changes to NEPA is scheduled for April 21st. SELC represents 17 environmental organizations in this case and the lawsuit is filed in the United States District Court for the Western District of Virginia. Biden lawyers asked the judge to send the rule back to CEQ for reconsideration while leaving the 2020 Rule in place for now. SELC wrote in a filing they have “substantial and legitimate concerns with the 2020 Rule.” The court may declare the 2020 Rule illegal and strike it, decide the changes are legal, or decline to issue a ruling on the legality of the changes while directing CEQ to review the 2020 Rule’s NEPA changes.

To discuss in detail, please reach out to InterAgency’s Environmental Director, Doug Chapin, at doug.chapin@interagency.biz.