Federal Environmental Justice Tracker

EJ Tracker Update

CEQ Released NEPA Guidance for Emergencies

Last updated:

January 21, 2026

Authority

NEPA

Agencies

CEQ

Actions

Guidance/Policy

On Jan. 21, 2026, CEQ released nonbinding guidance on how agencies could comply with the National Environmental Policy Act (NEPA) during emergencies. When faced with emergencies such as “natural disasters, catastrophic wildfires, threats to species and their habitat, economic crises, infectious disease outbreaks, potential dam failures, insect infestations, and emergencies declared by the President,” the guidance directed agencies to consider using “alternative arrangements” to meet NEPA’s environmental review requirements. According to the guidance, possible alternative arrangements included shortening public comment periods on Environmental Impact Statements (EISs); completing a shorter Environmental Assessment (EAs) to implement necessary actions while an EIS is prepared; or issuing an “interim emergency measures decision document” discussing reasonably foreseeable significant environmental effects as they are known at the time.

When reviewing emergency actions with reasonably foreseeable significant effects, the guidance recommended agencies consult with CEQ to establish alternative arrangements. For emergency actions without reasonably foreseeable significant effects, the guidance did not require CEQ consultation. CEQ’s new guidance appeared to align with the Department of the Interior’s approach of dramatically shortening NEPA processes for certain extractive energy projects that relate to President Trump’s declared energy emergency.