Federal Agencies Agree to Streamline Environmental Review and Approval of Infrastructure Projects

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Two years is the goal for completion of NEPA review -

On April 9, 2018, the White House released a Memorandum of Understanding (“MOU”) between twelve federal agencies that is intended to increase the speed and reliability with which the federal government reviews and approves infrastructure projects under the National Environmental Policy Act (“NEPA”). The MOU seeks to centralize each NEPA review in one agency for a speedy evaluation that results in a single Environmental Impact Statement within two years. It is effective immediately.

The MOU, issued jointly by the Office of Management and Budget and the Council on Environmental Quality, implements Executive Order 13807, entitled “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure.” President Trump signed the Executive Order in August of last year, seeking to add speed and predictability to the NEPA process. In recent years the average NEPA review has regularly exceeded 1,000 days.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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