Regulatory Tracker

Federal Policy Analysis

NEPA- Department of Energy

Last updated:

December 4, 2020

Timeline

April 30, 2024 DOE finalized updates to the agency’s regulations implementing NEPA. The final rule created a categorical exclusion for the construction, operation, upgrade, or decommissioning of an electrochemical battery or flywheel energy storage system within a previously disturbed or developed area. The rules also revised categorical exclusions for upgrading and rebuilding powerlines, as well as for solar photovoltaic (PV) systems if located on land within a previously disturbed or developed area generally comprising fewer than ten acres. The rules went into effect on May 30, 2024.

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.