The National Aeronautics and Space Administration amended and updated its regulations for implementing NEPA, and incorporated updates to its categorical exclusions.
The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s changes to the National Environmental Policy Act (NEPA) regulations by again requiring federal agencies to evaluate the direct, indirect, and cumulative environmental impacts of projects under environmental review. On April 20, 2022, the first phase of those amendments was finalized, and on April 21, the Environmental Law Institute hosted a panel of experts to explore the changes to NEPA implementation, and how they might impact climate change policy and environmental justice. This Dialogue presents a transcript of that discussion, which has been edited for style, clarity, and space considerations.
One of the most important and transformative mechanisms the U.S. Congress has ever created to protect the environment is under assault from the Donald Trump Administration. The National Environmental Policy Act (NEPA) ushered in the modern era of U.S. environmental law. In early 2020, the Council on Environmental Quality (CEQ) issued proposed regulations that would overhaul, and fundamentally enfeeble, NEPA and its existing regulations. This Comment provides a brief introduction to NEPA’s purposes, structure, and mechanisms; addresses the narrowed scope of agency obligations that would result from the proposal; and describes how CEQ’s proposal would thwart public participation in the NEPA process, thereby impairing NEPA’s most fundamental goal: fostering deliberation and democratic participation to improve the government’s capacity to promote social welfare.
The National Environmental Policy Act (NEPA) plays a crucial role in the authorization and approval of more development projects than any other federal law. Proponents believe NEPA protects communities and the environment from potentially detrimental projects, while critics counter the Act prevents timely review of important infrastructure projects. At a NEPA 50th Anniversary conference on December 17, 2019, the Environmental Law Institute hosted a panel that looked toward the Act’s near and distant future, exploring recent permitting developments, the project approval process, collaboration with regulatory agencies, legislation that may affect NEPA, and issues related to greenhouse gas emissions. This Dialogue presents a transcript of the discussion, which has been edited for style, clarity, and space considerations.
DOJ promulgated regulations establishing the Federal Bureau of Investigation's NEPA procedures; the regulations establish a process for implementing NEPA, Executive Order No. 11514, Executive Order No. 12114, and CEQ and DOJ regulations for implementing NEPA's procedural provisions.