Regulatory Tracker

NEPA – Department of Energy

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April 30, 2024 DOE issued a final rule revising its NEPA implementing regulations adopting a categorical exclusion (CE) for certain energy storage systems, and revise existing CEs for upgrading and rebuilding powerlines, and for solar photovoltaic systems. The rule is effective May 30, 2024.

Nov. 16, 2023 DOE issued a proposed rule to revise the agency’s NEPA implementing regulations to add a categorical exclusion (CE) for certain energy storage systems, and revise existing CEs for upgrading and building transmission lines and solar photovoltaic systems, among other changes. The comment period will be open for 45 days following publication in the Federal Register.

Dec. 4, 2020 DOE finalized its NEPA implementing procedures for authorizations under the Natural Gas Act. The new procedures create a categorical exclusion for import and export licensing for liquefied natural gas facilities, exempting them from review. Such facilities are still subject to NEPA review as part of the Federal Energy Regulatory Commission’s approval process. The procedures will be effective Jan. 4, 2021.