Timeline
June 18, 2026 FERC issued an order granting Eastern Gas Transmission and Storage, Inc. authorization to construct, operate, and maintain natural gas transportation facilities in Ohio and Pennsylvania. FERC determined that although the FERC staff’s environmental analysis (EA) included a section identifying and analyzing the cumulative effects of the project, the “exercise of identifying a distinct and separate category of cumulative effects… exceeds what NEPA requires” and “has proven to ultimately disserve NEPA’s goal of supporting environmentally informed decision making without imposing undue procedural burdens.” FERC pointed to the Council on Environmental Quality’s (CEQ) rescission of its regulations requiring consideration of cumulative impacts.
June 30, 2025 FERC promulgated NEPA implementing regulations and issued an accompanying memo to provide guidance to staff. Primarily, the new regulations remove all references to CEQ’s regulations. The accompanying memo outlined how FERC staff should determine which actions are subject to NEPA review and how FERC staff will determine and assess relevant information.
Sept. 3, 2024 FERC released guidance for Tribes on participating in FERC’s environmental reviews under NEPA. The guide outlines the mechanisms and circumstances under which Tribes may engage in the environmental review process and encourages Tribes to engage early and often by requesting consultations, submitting comments, and pursuing other engagement pathways. This guidance builds on FERC’s 2003 rule committing to Tribal consultation.
May 29, 2024 FERC finalized its regulations for electric transmission facility permits under the Federal Power Act, as amended by the Infrastructure Investment and Jobs Act of 2021, and under NEPA. Visit EELP’s Regional Transmission Planning Rule tracker page for more.