Timeline
June 30, 2025 DOE announced significant changes to its NEPA implementing regulations. Through an interim final rule published on July 3, 2025, DOE rescinded most of its NEPA regulations and shifted most of its NEPA implementation procedures to a guidance document. The new guidance limits opportunities for public comment, makes the publication of draft environmental impact statements optional, and limits the scope and types of environmental effects agencies are required to analyzed. DOE retained its NEPA regulations regarding use of categorical exemptions and emergency procedures, and adopted new appendices listing actions excepted from NEPA review and new categorical exclusion categories.
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.