NEPA Changes Coming

What happened: The White House Council on Environmental Quality (CEQ) released an interim final rule Feb. 24 that rescinds its existing National Environmental Policy Act (NEPA) regulations. The rescission aligns with Executive Orders issued by President Donald Trump that revoked CEQ’s authority to set binding NEPA regulations and directed agencies to take the lead in establishing their own environmental review processes.

Why it matters: Federal agencies including the U.S. Department of Transportation (U.S. DOT) and Environmental Protection Agency (EPA) may now have to create their own environmental review procedures under NEPA. These new agency-specific guidelines could directly impact timelines and requirements for transportation construction projects. The goal of the rule is to streamline permitting and shift decision-making back to agencies from CEQ, but it could also create confusion if different agencies adopt inconsistent procedures.

What’s next: The rule takes effect in early April. The agency will accept comments until March and may modify the rule based on feedback it receives. ARTBA will closely monitor U.S. DOT’s process and provide input during the public comment period. Members should share any input or feedback with Prianka Sharma or Rich Juliano.