The White House’s Council on Environmental Quality (CEQ) recently published in the Federal Register a final rule, Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act. The final rule is the latest in a series of actions taken by the Trump administration and the CEQ to “modernize and clarify” the CEQ’s National Environmental Policy Act (NEPA) implementing regulations to “facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action.”
The CEQ’s NEPA regulations were first published nearly 40 years ago. In the ensuing decades, the scope and duration of federal agencies’ NEPA reviews have grown substantially. Accordingly, stakeholders have pushed to streamline the NEPA review process. In January 2020, CEQ published a notice of proposed rulemaking seeking public input on potential updates to its regulations. In response, CEQ received more than 1.1 million comments. The vast majority of these were form-letter submissions, but CEQ did receive 2,359 unique, substantive comments on the proposed rule. Key similarities and differences in the final rule, and potential implications for NRC license applicants, are summarized below.