One Step Back for NEPA Regulations

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On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under the Trump Administration. As stated by CEQ in the proposal, the agency intends to “generally restore” NEPA regulations that were in place prior to the 2020 updates.

In this first phase of NEPA regulatory revisions, CEQ addresses the agency’s definition of “purpose and need,” the definition of “effects” of the action, and agency procedures for implementing NEPA regulations.

Publication of the proposed regulations will commence a 45-day public comment period. Additionally, CEQ will hold two virtual public meetings: one on October 19th and one on October 21st.

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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