The National Environmental Policy Act changes that have been in motion since 2021 will reach a new phase of implementation on July 1, 2024, when the Council on Environmental Quality’s recent Final Rule goes into effect to ensure efficiency, full and fair public involvement, and science-based sound decision making in the NEPA review process. Wetland Studies and Solutions, Inc. (WSSI) has reviewed the changes and evaluated the impacts for our clients’ current and proposed projects.
NEPA provides a comprehensive framework for complying with other federal, state, and local environmental statutory requirements.
What is NEPA?
The National Environmental Policy Act (NEPA) requires federal agencies to consider the environmental impact of federal actions, including projects that require federal permits or have federal funding. NEPA is often referred to as an “umbrella law” providing a comprehensive framework for complying with other federal, state, and local environmental statutory requirements.
Changes and Timing
The Council on Environmental Quality (CEQ) published Phase 2 in May. These revisions are meant to promote streamlining the NEPA process.
The Final Rule will apply to all NEPA reviews that begin after the effective date, July 1, 2024.
What’s New?
Key changes in the Final Rule include:
- Greater emphasis on climate change and environmental justice
- Implementation of limits on the length of and review time for Environmental Assessments (EAs) and Environmental Impact Statements (EISs) that were codified in the Fiscal Responsibility Act of 2023
- New flexibility for agencies to establish and use Categorical Exclusions
- New measures to increase public participation and accessibility in the NEPA process
- Reinstatement of pre-2020 requirements to evaluate “context” and “intensity” when determining significance of effects
Business As Usual For Now
WSSI’s NEPA professionals will continue to work with clients to ensure that projects comply with current regulations. It is up to each federal agency to revise their NEPA implementing regulations and guidance to comply with Phase II of the CEQ regulations and tailor their approach to their mission, as appropriate.
Questions?
Please contact your NEPA project manager if you have questions about what these changes can mean for your current and future projects.
Resources
- Final Rule: National Environmental Policy Act Implementing Regulations Revisions Phase 2 (May 1, 2024)
- White House press release announcing the Final Rule (April 30, 2024)
- Key Points in the Proposed NEPA Procedure Updates (Field Notes, January 28, 2020)