White House CEQ to undo Trump Permitting Changes

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On June 28, the White House Council on Environmental Quality (CEQ) announced an interim final rule that would give agencies until September 14, 2023, to propose revisions to their National Environmental Policy Act (NEPA) regulations.  The CEQ is targeting Trump Era changes which limited the scope of agency permit reviews for large projects, such as highways and bridges, to avoid consideration of cumulative impacts.  Cumulative impact analysis is commonly understood to refer to climate change when considering permit applications.  CEQ personnel are currently reviewing and analyzing the Trump Era changes for consistency with Biden’s January 25 executive order telling agencies to review policies that may not improve resilience to climate change or advance environmental justice.

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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