CEQ Proposes Phase 2 National Environmental Policy Act Revisions

On July 31, 2023, the Council on Environmental Quality (CEQ) proposed multiple revisions to the National Environmental Policy Act (NEPA) in the Federal Register. The “Phase 2” proposal builds on CEQ’s prior revisions to NEPA (Phase 1) which were finalized on April 20, 2022. Additionally, the proposal also implements changes to NEPA made in the Fiscal Responsibility Act, which was signed into law on June 3, 2023.

In addition to implementing the Fiscal Responsibility Act, CEQ’s proposed rule both amends and removes changes to NEPA made in 2020. Also, the agency proposes regulations which would consider climate change and environmental justice issues during environmental reviews.

CEQ has certified that the proposed rule, if enacted, will not have a significant impact on a substantial number of small businesses.

CEQ will be holding four virtual public meetings on the proposed rule:

  • Saturday, August 24, 2023, from 1:00 – 4:00 pm EDT.
  • Wednesday, August 30, 2023, from 5:00 – 8:00 pm EDT.
  • Monday, September 11, 2023, from 1:00 – 4:00 pm EDT.
  • Thursday, September 21, 2023, from 2:00 – 5:00 pm EDT.

Comments on the proposed rule are due by September 29, 2023.