The Council on Environmental Quality on Feb. 20 issued an interim final rule removing CEQ regulations implementing the National Environmental Policy Act from the Code of Federal Regulations.
The interim final rule also requests comments “on this action and related matters to inform CEQ’s decision making.”
The interim final rule will be effective 45 days after the date of publication in the Federal Register and comments are due 30 days after publication in the Federal Register.
CEQ said that the interim final rule is in response to Executive Order (EO) 14154, Unleashing American Energy. The EO takes several actions specific to CEQ’s NEPA regulations and agency-specific NEPA regulations that reflect a recent court decision, finding that NEPA does not give CEQ the authority to issue binding regulations.
CEQ also issued guidance to accompany the interim final rule. CEQ gave other agencies a year to review their NEPA regulations and procedures and revise them to conform to the administration's priorities. At the same time, the CEQ said agencies shouldn't delay pending or ongoing NEPA analyses and should look to regulations promulgated during the first Trump administration if they need further guidance.
Many of CEQ’s long-standing regulations have been codified in the 2023 amendments to NEPA in the Fiscal Responsibility Act. Thus, CEQ’s regulations may be less critical than when they were initially issued.
APPA said it is reviewing the interim final rule and guidance and will provide more information soon.
