The National Environmental Policy Act (NEPA) requires federal agencies to assess the environmental impacts of certain proposed actions. While NEPA does not require agencies to adopt the least environmentally impactful option, there are many instances where the NEPA process affected agency decisions through the consideration of information about a project’s design and the potential of alternatives, to improve benefits for nearby communities and the environment. The Council on Environmental Quality (CEQ) had historically issued regulations outlining how federal agencies comply with NEPA. Those rules provided a single framework for project proponents while giving flexibility to each agency.
In February 2025, a district court vacated CEQ’s 2024 NEPA regulations, holding CEQ did not have authority to implement NEPA across the government. CEQ then rescinded its NEPA regulations and issued implementing guidance to agencies.
As agencies promulgate implementing regulations, they, for the most part reflect CEQ’s NEPA Procedures Template, including limiting the scope and types of environmental effects agencies are required to analyze, potentially excluding more projects from NEPA review, limiting opportunities for public comment, and encouraging the use of accelerated “emergency” procedures for certain projects. The new procedures also eliminate any mention of environmental justice, and bar agencies from conducting new research to complete their reviews. Read EELP’s analysis of the template.
Find more about NEPA on our overview page. We track ongoing rulemaking for NEPA and at the agency level for EPA, DOE, Interior, DHS, FERC, and USFS.