CEQ Withdraws GHG Guidance in Another NEPA Victory

What happened: The White House Council on Environmental Quality (CEQ) May 28 formally rescinded its controversial guidance requiring federal agencies to consider greenhouse gas (GHG) emissions as part of environmental reviews under NEPA. ARTBA strongly opposed the mandate in detailed comments, urging CEQ to withdraw the policy.

Why it matters: The guidance, issued during the Biden administration, would have imposed broad, undefined GHG analysis requirements—slowing critical infrastructure projects without a clear legal foundation. ARTBA warned that it would elevate climate considerations beyond NEPA’s statutory scope. CEQ’s action affirms those concerns and marks a regulatory win for the industry.

The announcement came just one day before the U.S. Supreme Court’s ruling in Seven Counties Infrastructure Coalition v. Eagle County. The Court found that NEPA does not require consideration of indirect environmental impacts—further reinforcing ARTBA’s position that the permitting process must remain grounded in law, not politics.

What’s next: ARTBA continues to advocate for permanent NEPA reform through the next surface transportation reauthorization bill, due by October 2026. In May, the association’s Board of Directors recommended Congress empower states to assume control of NEPA reviews, reduce litigation risk, and streamline approvals to advance transportation construction improvements more efficiently.