CEQ Finalized Phase 2 Rule Implementing National Environmental Policy Act

CEQ issued its final Phase II rule (the “Bipartisan Permitting Reform Implementation Rule”) implementing NEPA. Key changes in the Phase II rule include updates to implement recent amendments to NEPA under the Fiscal Responsibility Act, new definitions affecting the scope and substance of agencies’ environmental analyses, and requirements to consider Indigenous Knowledge, account for potential impacts on communities with environmental justice concerns, and strengthen early consultation with potentially impacted communities. The rule went into effect on July 1, 2024. Agencies may also apply the rule to NEPA processes that began before July 1, 2024.