As part of the Biden Administration’s all-of-government effort to improve the efficiency and effectiveness of federal permitting processes, the White House Council on Environmental Quality (CEQ) last week finalized a rule to reform, simplify and modernize the federal environmental review process under the National Environmental Policy Act (NEPA).
The new rule will build on more than $1 billion from President Biden’s Inflation Reduction Act to expedite federal agency permitting, the President’s Permitting Action Plan and other ambitious permitting reforms occurring across the Administration to help accelerate environmental reviews while ensuring strong environmental protections, robust community engagement, and better coordination with states, Tribes and local governments.
CEQ’s Bipartisan Permitting Reform Implementation Rule fully implements new permitting efficiencies that the President secured in the Fiscal Responsibility Act of 2023, including setting clear deadlines for agencies to complete environmental reviews, requiring a lead agency and setting specific expectations for lead and cooperating agencies, and creating a unified and coordinated federal review process.
In addition to implementing the Fiscal Responsibility Act, the rule provides agencies with other new and faster tools to improve the efficiency and effectiveness of environmental reviews. For example, it creates new ways for federal agencies to establish categorical exclusions, the fastest form of environmental review. The rule will also help accelerate reviews for projects that agencies can evaluate on a broad, programmatic scale, or that incorporate measures to mitigate adverse effects. These updates will help industry by speeding up environmental reviews and providing more certainty when they are designing projects.
Finally, the new rule promotes early public engagement in environmental review processes to help reduce conflict, accelerate project reviews, improve project design and outcomes, and increase legal durability.
The rule applies to a number of activities, including broadband infrastructure projects. The Bipartisan Permitting Reform Implementation Rule will apply to projects beginning environmental review on or after July 1, 2024. It will not disrupt ongoing environmental review processes.
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