CEQ NEPA Phase 1 Rulemaking
WASHINGTON, D.C.
The White House Council on Environmental Quality (CEQ) published the Phase 1 Final Rule on April 20, 2022 with a narrow set of changes that generally restore National Environmental Policy Act (NEPA) regulatory provisions that were in effect for decades before the 2020 rule modified them for the first time. The three major changes include:
NEPA reviews must address direct, indirect, and cumulative effects. Not just direct effects.
Federal agencies have more flexibility to define the purpose and need of a proposed action, which defines alternative actions. The 2020 rule required that agencies base the purpose and need on the goals of an applicant and the agency’s statutory authority.
“Ceiling provisions” were removed, allowing agencies to develop and implement agency-specific NEPA procedures beyond the CEQ regulatory requirements.
Phase 2 rule making is expected to be proposed later this year with broader changes to expand consideration of climate change and environmental justice in decision-making.
To discuss in detail, please reach out to InterAgency’s Environmental Director, Doug Chapin, at doug.chapin@interagency.biz.