NEPA Professionals Take Note: Key Updates from CEQ’s Latest Guidance

First, nothing is happening to the National Environmental Policy Act (NEPA) itself. NEPA, enacted on January 1, 1970 (Pub. L. 91-190, 42 U.S.C. 4321-4347), remains in full force and is not being challenged. It has been amended several times, most recently by the Fiscal Responsibilities Act (FRA) of 2023. The current discussions are not about the NEPA law but about the Council of Environmental Quality’s (CEQ's) ability to establish regulations. Additionally, federal agencies are being asked to reconsider their NEPA implementing regulations to streamline the process.

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