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yesterday

CEQ Finalizes Rescission of Its NEPA Regulations After Court Rulings

Following court rulings limiting CEQ’s authority, the move shifts the law’s implementation to agency-specific procedures.

FILE - The White House is reflected in a puddle, Dec. 2, 2025, in Washington. (AP Photo/Julia Demaree Nikhinson, File)

Overview

  • CEQ issued a final rule confirming the removal of its government-wide NEPA regulations and responding to public comments, with the text posted for public inspection ahead of Federal Register publication.
  • The action follows 2024 decisions by the D.C. Circuit and a North Dakota federal court that found CEQ lacked authority to issue binding NEPA rules.
  • Federal permitting agencies revised their own NEPA procedures on June 30, 2025, and CEQ is now providing nonbinding guidance, templates, and process flowcharts.
  • The White House argues the change will accelerate approvals for energy and infrastructure projects, while critics warn it weakens environmental safeguards and public participation.
  • In Congress, the House passed the SPEED Act to set review deadlines and narrow litigation, but Senate talks stalled after the Interior Department paused five offshore wind projects.