NEPA Implementing Procedures

Current understanding

To be populated as evidence accumulates.

Evidence log

• 2026-09-01 — National Environmental Policy Act Regulations: 2026 — FHWA, FRA, and FTA jointly finalized their DOT NEPA implementing procedures with only minor technical edits from the earlier interim rules, locking in streamlined environmental review pathways for highway, rail, and transit projects and extending the cross-agency pattern of post-CEQ NEPA repromulgation into the surface transportation modes. (novelty: 3)
• 2026-09-08 — National Petroleum Reserve in Alaska Production Site Development: cross-connection with npr-a-production-site-development: The proposal relies on pre-set criteria for activities with similar environmental effects — a NEPA-style categorical treatment — tying it to broader NEPA implementing procedure reforms. (novelty: 3)
• 2026-08-21 — Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions: NRC final rule on environmental protection regulations for domestic licensing (10 CFR Part 51) sets how the agency conducts environmental reviews for nuclear facility licensing and related actions, extending the cross-agency pattern of post-CEQ NEPA repromulgation to the nuclear sector. (novelty: 2)
• 2026-07-21 — Save the Sound, Inc. v. FAA: 2026-07-21 — D.C. Circuit issued an opinion in Save the Sound, Inc. v. FAA; caption suggests a challenge to FAA action potentially involving NEPA review, though the abstract provides no holding or rationale. (novelty: 2)
• 2026-07-23 — Categorical Exclusion Under the National Environmental Policy Act for Certain Terminations or Revocations of Water Power Licenses or Exemptions: 2026 — FERC final rule expands its NEPA categorical exclusion to cover terminations or revocations of water power licenses and exemptions that cause only minor or no ground disturbance and minor or no changes to reservoir conditions and downstream flows, extending the cross-agency pattern of adding categorical exclusions to reduce NEPA review burden. (novelty: 2) (novelty: 2)
• 2026-04-28 — HEATS Act: 2025 — HEATS Act (HR5587, introduced) would statutorily exempt qualifying geothermal exploration and production activities on nonfederal surface estates (with <50% federal subsurface ownership) from NEPA review, ESA consultation, and NHPA review, extending the legislative pattern of carving resource-specific exemptions out of NEPA scope. (novelty: 3) (novelty: 3)
• 2025-12-18 — SPEED Act: SPEED Act (introduced) would statutorily redefine ‘major federal actions’ under NEPA, limit effects analysis to those proximately caused by the immediate project, exclude actions already reviewed under other statutes, expedite reviews, and curb judicial review — a direct legislative narrowing of NEPA scope that codifies elements of the Seven County Infrastructure Coalition decision and complements the cross-agency pattern of NEPA procedure repromulgation. (novelty: 3)
• 2025-03-06 — Fix Our Forests Act: Fix Our Forests Act (introduced) would expedite or exempt certain fireshed-area forest management projects from NEPA review and limit ESA consultation and related litigation, extending the legislative pattern of narrowing NEPA scope for priority federal land-management actions. (novelty: 3)
• 2025-12-10 — ePermit Act: ePermit Act (introduced) would require CEQ and federal agencies to digitize NEPA reviews through common data standards, shared services, and a unified interagency cloud-based authorization portal by December 1, 2027, adding a technology-modernization track to the broader pattern of NEPA procedural revision across agencies. (novelty: 3)
• 2026-02-05 — Critical Mineral Dominance Act: Critical Mineral Dominance Act (introduced) instructs Interior to rescind ‘burdensome agency actions’ impeding hardrock mineral production, potentially targeting NEPA-related review layers for mining projects and extending the legislative pattern of narrowing NEPA scope for priority energy/minerals actions. (novelty: 3)
• 2025-12-11 — Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Bureau of Land Management relating to Buffalo Field Office Record of Decision and Approved Resource Management Plan Amendment.: 2025 — Public Law 119-51 uses the Congressional Review Act to nullify BLM’s Buffalo Field Office RMP amendment (a NEPA-driven, climate-based decision to end federal coal leasing), illustrating a legislative reversal channel for NEPA outcomes that parallels the executive-branch pattern of narrowing NEPA scope. (novelty: 3)
• 2026-04-17 — RED Tape Act: RED Tape Act (HR6398, introduced) would repeal Clean Air Act §309, eliminating EPA’s statutory review-and-comment role over federal actions subject to NEPA — a legislative counterpart to the executive-branch pattern of narrowing NEPA-related review layers across agencies. (novelty: 2)
• 2023-03-21 — Energy Freedom Act: 2025 — Energy Freedom Act (S879, introduced) would expedite permitting for natural gas and pipeline projects, extending the legislative pattern of shortening NEPA review timelines for energy infrastructure alongside FRA 2023 and OBBBA amendments. (novelty: 2)
• 2025-10-23 — COAL Act of 2025: COAL Act of 2025 (introduced) would statutorily require BLM to complete environmental reviews for pending federal coal lease applications, adding a legislative directive to the broader cross-agency pattern of accelerating and constraining NEPA review scope for federal energy actions. (novelty: 2)
• 2026-07-07 — Implementation of the National Environmental Policy Act: NRC proposed rule to update its NEPA implementing regulations (10 CFR Part 51), narrowing environmental review scope to effects within NRC’s statutory authority, adding categorical exclusions, and reducing regulatory burden—extending the cross-agency pattern of post-CEQ NEPA repromulgation citing FRA 2023, OBBBA 2025, EO 14154, and the Seven County Infrastructure Coalition decision. (novelty: 3)
• 2026-05-22 — Removal of Environmental Clearance Officer Review and Comment for Assessments for Projects Over 200 Lots/Dwelling Units or Beds: HUD final rule eliminates the requirement that Environmental Assessments for projects over 200 dwelling units/beds be sent to Field or Program Environmental Clearance Officers for review and comment, removing an internal HUD review step and continuing the cross-agency pattern of streamlining NEPA-related procedures for large housing projects. (novelty: 2)
• 2026-05-27 — Revisions to the Blanket Certificate Program: FERC’s proposed expansion of the blanket certificate program for interstate natural gas pipelines fits the broader pattern of federal agencies streamlining project-level environmental review by broadening pre-authorized categorical pathways rather than requiring case-specific NEPA analyses. (novelty: 2)
• 2026-06-03 — Removing Unnecessary and Counterproductive Restrictions on Access to Federal Lands: Executive order on removing federal-lands access restrictions adds to the cluster of executive directives (alongside EO 14154 and OBBBA) driving agencies to streamline NEPA and access-related procedures on federal lands. (novelty: 2)
• 2026-06-05 — Rescission of Procedures for Implementing the National Environmental Policy Act (NEPA): Advisory Council on Historic Preservation issues interim final rule rescinding its NEPA-implementing regulations from the CFR (with concurrent public comment solicitation), extending the cross-agency pattern of NEPA procedure rescission/repromulgation following withdrawal of CEQ regulations. (novelty: 2)
• 2026-06-15 — Implementing Regulation for National Environmental Policy Act (NEPA): Environmental Effects of the Department of Veterans Affairs Actions: 2026 — VA final rule amends its NEPA implementing regulations to reflect the 2023 Fiscal Responsibility Act and 2025 OBBBA amendments, the rescission of CEQ regulations, and changes in VA care delivery, and updates its categorical exclusion list — extending the cross-agency pattern of post-CEQ NEPA repromulgation to VA. (novelty: 2)
• 2026-06-24 — Oil and Gas Leasing: BLM oil and gas leasing revisions cite the same OBBBA and Executive Order framework driving parallel NEPA procedure updates across Interior and other agencies. (novelty: 3)
• 2026-06-25 — Update of Procedures for Implementing the National Environmental Policy Act and Assessing the Environmental Effects Abroad of EPA Actions: EPA’s parallel proposed rule to update its own NEPA implementing procedures (incorporating FRA 2023, OBBBA 2025, EO 14154, and the Seven County Infrastructure Coalition decision) mirrors the broader trend of federal agencies rescinding/repromulgating NEPA procedures after CEQ regulations were withdrawn. (novelty: 3)

Open questions

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