Despite the title, “Removal of National Environmental Policy Act Implementing Regulations,” NEPA itself is not being removed. Instead, what’s changing is how its implementing regulations are structured. The White House’s Council of Environmental Quality (CEQ) proposes shifting NEPA responsibility to individual federal agencies rather than maintaining a single, standardized approach at the CEQ level. This means agencies will now no longer follow or cite CEQ NEPA regulations and instead will solely follow their own NEPA regulations, with varying levels of complexity depending on their existing frameworks.
Over the past few weeks, conversations with clients, teaming partners, and industry colleagues have centered around the evolving landscape of NEPA. With the CEQ’s Interim Final Rule now published, removing the CEQ NEPA regulations from the Code of Federal Regulations (CFR) and placing federal agencies in charge of their own NEPA procedures, the implications are far-reaching.
Rather than a wholesale repeal or reinstatement of past rules, this change shifts responsibility to individual agencies. Some agencies, like the Department of Defense, already have robust NEPA procedures in place which may be modified, but other federal agencies may face a steeper curve in adapting, especially if they have not promulgated their own NEPA regulations.
But this proposed rule is not final yet! With the public comment period closing on March 27, 2025, now is the time to weigh in.
Key Takeaways:
1. What This Rule Does
CEQ’s new rule removes the Trump-era NEPA regulations that centralized NEPA procedures under CEQ and limited agencies’ ability to consider climate change and cumulative impacts. It restores older language that gives agencies greater flexibility in how they apply NEPA.
2. Focus on ‘Effects’ Language
The rule reinstates the broader definition of direct and indirect effects, which were narrowed in 2020. However, cumulative effects are no longer explicitly required for consideration.
3. No Public Scoping for Environmental Assessments (EAs)
Unlike Environmental Impact Statements (EIS), the rule does not require public scoping for Environmental Assessments (EAs). While some agencies may still choose to do so, public participation in smaller-scale NEPA reviews remains discretionary.
4. ‘Major Federal Action’ Definition Adjusted
The rule removes restrictive language that exempted some projects from NEPA review by narrowly defining “major federal actions.” This restores agencies’ ability to determine when projects require environmental review.
5. How to Comment
CEQ is accepting public comments until March 27, 2025. If your work intersects with federal permitting, infrastructure, or environmental compliance, this is an opportunity to provide input on how NEPA should function moving forward.
Submit your comments here: Federal Register Comment Portal
How to Comment?
Rather than a blanket statement of opposition or support, effective public comments can focus on practical ways to improve the NEPA process. Those of us who have led and worked on NEPA projects know that the process can sometimes get bogged down—not because of the law itself, but due to inefficiencies in implementation. Whether you are an environmental consultant, project proponent, or stakeholder, consider commenting on:
• Improving interagency coordination – NEPA often requires multiple agencies to weigh in, but without clear coordination, reviews can get delayed. How can agencies streamline collaboration to avoid unnecessary holdups?
• Transparency in the permitting process – One of the biggest frustrations in project approvals is the lack of clarity on where a project stands. How can agencies make the permitting timeline more predictable?
• Greater transparency in the consultation process – Environmental and tribal consultations are critical but can sometimes stall due to process inefficiencies. What solutions can improve engagement without causing delays?
Public input can help shape a more effective NEPA framework. Comments that propose specific improvements will have far more impact than those that simply reject the rule outright.
Why These Changes Are Happening
The proposed changes reflect ongoing political and policy debates about how NEPA should be implemented. Some key factors driving these revisions include:
• Regulatory Flexibility vs. Centralized Control – The 2020 NEPA rules under the Trump administration sought to standardize NEPA implementation across federal agencies, limiting their discretion. The new rule reverses that approach, restoring agencies’ ability to determine their own NEPA procedures, which some argue allows for greater adaptability while others see it as creating inconsistencies.
• Balancing Environmental and Infrastructure Priorities – There has been ongoing debate over whether NEPA reviews cause unnecessary delays in infrastructure projects. Supporters of these changes believe they will streamline project approvals and reduce bureaucratic bottlenecks, while critics worry they may lead to weaker environmental protections.
• Legal and Policy Uncertainty – By removing CEQ’s direct oversight, these changes shift the burden of compliance onto individual agencies, some of which have well-established NEPA procedures (such as DOD and VA), while others may need to build new NEPA review frameworks.
• Public and Political Pressure – These changes come in response to calls from various stakeholders, including industry leaders, environmental groups, and policymakers, who have differing views on NEPA’s role. Some advocate for greater efficiency in federal approvals, while others emphasize the need to maintain rigorous environmental safeguards.
Why It Matters
This rule will shape how federal agencies evaluate environmental impacts for years to come. Whether you support the changes or have concerns, the public comment process is your chance to influence the final rule.
At Scout, we work closely with our clients and partners to navigate the evolving NEPA landscape. Whether you need assistance revising your agency NEPA regulations, developing efficient environmental review processes, or ensuring compliance under the new framework, our team is here to help.
Have questions or need support? Reach out to us at hello@scoutenv.com.
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