On January 10, 2020, the CEQ published proposed changes in the Federal Register for a sixty-day public comment period. Amendments to the Forest Service’s NEPA regulations are final as of November 19, 2020. • CEQ Regulations: 40 C.F.R. On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to the regulations that implement the National Environmental Policy Act’s (NEPA) (Updated Regulations). After this date, agencies are required to apply these regulations to new NEPA analyses unless there is a clear and fundamental conflict with an applicable statute. The updates will help expedite environmental analysis and decision making through these new tools and flexibility that supports the Forest Service in its mission to sustain the health, diversity, and … The update, which largely mirrors the proposed rule, is the first comprehensive amendment to the regulations since their original publication in 1978. The proposal would put new limits on implementation of the 50-year-old National Environmental Policy Act, or NEPA, which has … (85 F.R. Comments are due on the proposal by March 10. 85 Fed. One thing I’ve been trying to figure out with these, there is a new CE that allows for decommissioning of both non-system AND SYSTEM Forest Service roads. The draft proposed rule would expand on the CEQ regulations and give direction to DOT Operating Administrations (OAs) on environmental review policies and procedures. February 18, 2020. 10 thoughts on “Let’s Discuss: The New Forest Service NEPA Regulations” Patrick A McKay. The rule largely tracks the proposed rule. ; Employment Law Subject Matter Expert/ Legal Writer and Editor, CalChamber O f the 2,625 bills introduced in the Legislature this year, 1,042 bills reached Governor Gavin Newsom’s desk. However, agencies and project proponents should exercise caution. See Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act, 85 Fed. The revised NEPA regulations were published in the Federal Register on July 16, 2020. Parts 1500-1508. NEPA complianceMandate. 74640 (Nov. 23, 2020). Before it only allowed decommissioning of non-system roads. For NEPA reviews in process, agencies may proceed with the 1978 regulations or the new 2020 regulations. The NEPA process is the evaluation of the relevant environmental effects of a federal project or action mandated by NEPA. This process begins when an agency develops a proposal addressing a need to take action. NEPA Rules Rewrite: Public Involvement Process. After 40 years without an update, the White House Council on Environmental Quality (CEQ) has recently revamped its National Environmental Policy Act (NEPA) implementing regulations. September 23, 2020. On July 15, 2020, the Council on Environmental Quality (CEQ) issued a final rule significantly revising the procedures federal agencies must follow under the National Environmental Policy Act (NEPA). 1684. In the interim, the final rule explicitly states that, where existing agency One thought on “ The New NEPA Regulations Were a “Political Act.” Is That Enough to Invalidate Them? The current CEQ regulations are found in 40 C.F.R. The federal Council on Environmental Quality (CEQ) recently finalized new rules for the National Environmental Policy Act (NEPA), which became effective on September 14, 2020. These regulations, however, are not the reform NEPA needs. Today a coalition of rural advocacy, environmental, and animal protection organizations, led by the Animal Legal Defense Fund, filed a lawsuit against the Council on Environmental Quality (CEQ) for new regulations implementing the National … However, agencies and project proponents should exercise caution. The 2020 NEPA regulations replaced the former definition of cumulative impacts impact with a general definition of “effects or impacts,” requires that an … On September 14, 2020, the Council on Environmental Quality’s new NEPA regulations—the first significant changes to the regulations since they were promulgated in 1978—go into effect. In 2020 the CEQ issued the first comprehensive overhaul of its rules for NEPA compliance since their initial promulgation in 1978. The U.S. Department of Transportation has proposed comprehensive changes to update its procedures under the National Environmental Policy Act in response to the Council on Environmental Quality’s July 16, 2020, overhaul of the regulations implementing NEPA. The new rules significantly alter the scope of and definitions for environmental impact analysis. The 2020 NEPA regulations replaced the former definition of cumulative impacts impact with a general definition of “effects or impacts,” requires that an agency’s analysis of effects be consistent with this new definition, and affirmatively states that the prior definition of “cumulative impact” is repealed. Major changes in the final rule include: 1. CEQ has determined that the categorical exclusions contained in agency NEPA procedures as of September 14, 2020, are consistent with the new CEQ regulations. presumptive time limits of two years for the completion of an environmental impact statement (EIS) and one year for the completion of an environmental assessment (EA), 2023-2024. NEPA needs reform. Elimination of Any Requirement to Consider Effects Outside of The United States First, the revised regulations state that “agencies are not required to undertake new scientific and technical research to inform their analysis.”. ( See Section 1506.13.) CEQ’s 2020 National Environmental Policy Act (NEPA) Rule (2020 Rule), published on July 16, 2020, required Federal agencies to propose updates to their agency NEPA procedures to … While the legal challenge to the new regulations will take time to work through the courts, the effective date for their implementation is September 14, 2020. On ... Should the new NEPA regulations usher … On July 16, 2020, the Council on Environmental Quality (CEQ) finalized its first substantial revision to its National Environmental Policy Act (NEPA) regulations in over 40 years. The Revised CEQ NEPA Regulations that went into effect on September 14, 2020 made substantial changes to the definition of impacts/effects and to how significance is determined in agency NEPA analyses from the previous 1978 version of the regulations. Sec. If timber harvest occurs, project must add on at least one restoration activity. The new rule will become effective September 14, 2020. By Mark Mazzola. On January 9, 2020, President Trump announced the release of CEQ's NPRM titled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act” and the rule was published in the Federal Register on January 10, 2020. Reg. On July 16, 2020, CEQ published a final rule revising its regulations (85 FR 43304). 1684 (Jan. 10, 2020). The NEPA compliance process is aimed at evaluating the potential effects on natural and cultural resources of a proposed federal government “action,” as well as possible alternatives to that action. NEPA checklists and assessments look at a range of areas that could be potentially impacted by a government action... The White House rewrite will mask pollution’s full harm to communities, environment . See 40 C.F.R. 1500.5 Reducing delay. In July, 2020 the White House Council on Environmental Quality (CEQ) issued its final rule modifying the implementing procedures of the National Environmental Policy Act (NEPA) codified at 40 CFR Parts 1500-1508. The new rule will apply to all new NEPA reviews started on or after September 14, 2020, and agencies will have discretion to apply the … The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA)—the most significant of which are likely to face legal challenge. The nature of the changes are striking controversy amongst environmental and Environmental Justice groups, who are already filing suit in court. New definition of “reasonable alternative” The foundation of an EA and EIS is not only looking at the … This analysis looks with some depth at key changes to the regulations … But the new administration should hold fire when it comes to one Trump action that could actually help Biden move forward with his economic, energy and climate initiatives: the reforms to the National Environmental Policy Act (NEPA) regulations. CHARLOTTESVILLE, VA — A group of 17 environmental organizations in a lawsuit today accused the government of racing through an industry-friendly rewrite of the National Environmental Policy Act by “cutting corners” and discarding decades of rule-making policies that ensure major legal changes are … On July 16, 2020, the Council on Environmental Quality (CEQ) issued updates to its National Environmental Policy Act regulations that are intended to facilitate more efficient, effective and timely NEPA reviews by federal agencies. The Final Rule will go into effect on September 14, 2020, 60 days after it was published in the Federal Register. The Final Rule will go into effect on September 14, 2020, 60 days after it was published in the Federal Register. New 2020 Labor Laws Affecting California Employers By James W. Ward, J.D. On July 16, 2020, the White House Council on Environmental Quality (“CEQ”) published its much anticipated final rule revising the regulations implementing the National Environmental Policy Act (“NEPA”). NEPA is a procedural statute that is implemented by regulations promulgated by the Council on Environmental Quality (CEQ). 2021-2023. 1500.1 Purpose and policy. The Final Rule represents the first comprehensive revision of the NEPA regulations since their initial issuance in 1978, and incited almost immediate legal challenges. NEPA was passed by Congress in 1969, signed into law on January 1, 1970 by President Richard Nixon and set the stage for environmental policy for the United States (1). Environmental policy has grown into a career path since the implementation of NEPA. NEPA applies to all federal agencies and their actions. Actions have a wide definition and this can include regulations, policies, projects, licensing and permitting. The updates are the first major changes to the NEPA regulations since their creation in 1978. Clinic files amicus brief challenging revisions to NEPA regulations Posted on November 30, 2020 December 3, 2020 by jcalahong November 30, 2020 – Today, the Clinic filed an amicus brief on behalf of Sen. Thomas R. Carper, Rep. Peter A. DeFazio, and Rep. Raúl M. Grijalva in support of the plaintiffs in Wild Virginia v. For NEPA reviews initiated after September 14, 2020, agencies should use the 2020 regulations unless there is a 'clear and fundamental conflict.' The Forest Service notes its concurrence that its existing categorical exclusions are consistent with the 2020 CEQ NEPA regulations. CEQ Finalizes Sweeping NEPA Changes. The National Environmental Policy Act (NEPA) • Statute: 42 U.S.C. “NEPA, like our other bedrock environmental laws, has stood the test of time for 50 years,” Hasselman says. The Council on Environmental Quality (CEQ) published a final rule in the Federal Register on July 16, 2020, updating its regulations for implementing the National Environmental Policy Act (NEPA). Accordingly, while litigation on the rule is ongoing, the new NEPA rule goes into effect today across the country. On July 16, 2020, the Council on Environmental Quality (CEQ) published its highly anticipated final rule to improve its National Environmental Policy Act (NEPA) regulations. The 1978 rules 85 Fed. NEPA update for the 2020 CEQ final rules . Since taking office, the Trump Administration has sought to modernize NEPA and facilitate more efficient, effective, and timely NEPA reviews. NEPA … Client Alerts. On July 16, 2020, the Council on Environmental Quality (CEQ) published its highly anticipated final rule to improve its National Environmental Policy Act (NEPA) regulations. The final rule establishes new and revised categorical exclusions and a Determination of NEPA Adequacy provision. In July 2020, CEQ comprehensively updated its NEPA regulations for the first time in over 40 years. The Council on Environmental Quality (CEQ) issued a final rule to update its regulations for federal agencies implementing the National Environmental Policy Act (NEPA). 1500.4 Reducing paperwork. To implement the Final Rule, Federal agencies have up to one year to propose revisions to their own NEPA regulations to conform to the new CEQ rules. The Updated Regulations are New NEPA Regulations Challenged in Court. On January 10, 2020, CEQ issued a notice of proposed rulemaking to overhaul the CEQ’s NEPA regulations. CEQ’s 2020 National Environmental Policy Act (NEPA) Rule (2020 Rule), published on July 16, 2020, required Federal agencies to propose updates to their agency NEPA procedures to … The Forest Service is amending its NEPA regulations to add only the new and The last two key changes to the regulations could reduce the scope of data collection required and even the number of federal actions that are subject to NEPA. WASHINGTON, D.C. — The Trump Administration’s newly finalized rule governing how federal decision-makers implement the National Environmental Policy Act will eviscerate the public’s right to be heard and jettison science-based decision-making. On September 14, 2020, the Council on Environmental Quality’s final rule updating its regulations implementing the procedural provisions of the National Environmental Policy Act (40 CFR § 1500—1508) took effect. 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