The National Environmental Act (42 U.S.C. § 4321, et seq.) ("NEPA") passed in 1969, is the most litigated environmental statute in the country. In 1978 and 1986, the president’s Council on Environmental Quality (CEQ) wrote broad NEPA rules, animated now by 50 years of case law.

NEPA was meant to ensure that agencies consider the consequences of and alternatives to their actions before moving forward with projects, but it has grown into a textual mongrel. NEPA environmental studies are often more than 500 pages long, and projects can require six or longer years of study. These requirements have been perceived to be stifling progress. Earlier this year, however, CEQ timely proposed new rules to promote efficient, effective, and timely reviews (85 Fed. Reg. 1684 (2020)). The rules were finalized on July 15 and are expected to be fully effective this fall. There were some tears shed over the proposal, but the final rule seems to be a livable document, subject to more judicial refinement. Continue reading >