On June 25, 2026, EPA proposed a rule to amend the agency’s regulations implementing NEPA. Citing Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, the proposed rule removed “references to specific populations.” Prior to the proposed revision, 40 CFR § 6.203(a)(5) required EPA to make sure the public was engaged in the NEPA process, and make efforts to involve communities where the proposed action may have environmental effects, “including minority communities, low-income communities, or federally-recognized Indian tribal communities.” The proposed rule would remove the phrase that emphasized efforts to engage minority, low-income, and federally recognized Tribal communities.
The proposal also made changes citing both new statutory provisions and Seven County Infrastructure Coalition v. Eagle County as the basis of the updates. Citing the Fiscal Responsibility Act of 2023, environmental impact statements must be completed within two years and be no more than 150 pages (300 pages for EISs “of extraordinary complexity”). EPA also created a fee to allow expedited NEPA reviews based on a provision in The One Beautiful Bill Act. Finally, citing Seven County, the rule “clarifie[d] that the scope of required NEPA analysis is limited to the proposed action at hand and reasonably foreseeable environmental effects.” Comments due by July 27, 2026.