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NEPA regulations in 2026: what replaced CEQ's rules

NEPA regulations are the rules federal agencies follow to carry out the National Environmental Policy Act. Since CEQ's government-wide rules, including 40 CFR 1501 on categorical exclusions, EAs and FONSIs[1], were removed in 2025[2][3], each agency applies the statute through its own NEPA procedures[4][5], and courts review its choices with substantial deference[6].

By Ilya Volodarsky. 27 sources, last read on . This page explains the law; it is not legal advice.

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    Describe the project and ePlan drafts the NEPA procedures memo with the lead agency, governing procedures and statutory deadlines filled in; every fact it can't confirm is marked for you.

    ePlan vs. by hand

    How ePlan compares to drafting a NEPA Procedures Memo by hand

    The same document, two ways to a first draft.

    ComparedePlan.aiBy hand
    Starting pointePlan.aiA project description or uploaded files; the research agent searches agency project pages, the Federal Register and eCFRBy handTracking down each agency's current rule, handbook and Federal Register notice by hand
    Precedent researchePlan.aiA research agent searches agency project pages, CEQAnet, the Federal Register, eCFR and EPA's EIS database for your project and up to two analog projectsBy handSearching each agency site and PDF library by hand
    Missing factsePlan.aiLeft as highlighted [INSERT: …] placeholders for you to fillBy handEasy to carry over from an older memo without noticing
    Cost to startePlan.aiScoping letters are free. EAs, EIRs and decision memos are on Max at $199 a monthBy handStaff or consultant hours for every draft

    ePlan.ai as of October 2026. “By hand” means a Word template, past documents and agency PDFs. Your team reviews, edits and signs every draft.

    NEPA regulations timeline: what changed, 2023-2026

    • June 3, 2023: the Fiscal Responsibility Act amends NEPA, adding levels of review, page limits and deadlines[7]
    • January 20, 2025: Executive Order 14154 revokes Executive Order 11991 and directs CEQ to propose rescinding its regulations[13]
    • February 25, 2025: CEQ's interim final rule removes its NEPA regulations, effective April 11, 2025[2]
    • July 3, 2025: USDA, Interior, DOE, FHWA, FRA, FTA and the Army revise or rescind their NEPA regulations[14][15][16][17][18]
    • September 29, 2025: CEQ issues revised NEPA guidance and a template for agency procedures[19]
    • 2026: Interior (February 24), USDA (April 3) and FHWA, FRA and FTA (September 1) finalize their procedures[15][14][17]

    Which agency NEPA procedures apply to my project?

    The agency taking the action applies its own procedures, developed in consultation with CEQ[4]; CEQ's directory lists each agency's procedures and NEPA contact[5]. When several agencies participate, they choose a lead agency and, where practicable, share one document[9]. Where the main rules sit now:

    • USDA, including the Forest Service and Rural Development: 7 CFR part 1b[14]
    • Interior, including BLM: a Departmental Handbook holds most procedures; 43 CFR part 46 is partly rescinded[15]
    • DOE: 10 CFR part 1021 keeps older categorical exclusions; the rest is in guidance revised July 13, 2026[20][21]
    • FHWA, FRA and FTA: 23 CFR part 771, for documents prepared or accepted after July 3, 2025[17]
    • Army: 32 CFR part 651 was rescinded; Department of Defense-wide procedures now guide its process[18]

    Fiscal Responsibility Act NEPA amendments: levels of review, deadlines, fees

    Section 321 of the Fiscal Responsibility Act of 2023, the BUILDER Act, wrote NEPA's process into the statute[7]: when no environmental document is needed, and three levels of review (categorical exclusion, environmental assessment, environmental impact statement)[22]. An agency may extend a deadline only as long as needed, in consultation with the applicant, and a sponsor may petition a court over a missed deadline[9].

    Since July 4, 2025, NEPA section 112 lets a sponsor pay 125 percent of anticipated costs for a shorter schedule: an EA within 180 days of payment, or an EIS within one year of the notice of intent[8]. Congress may amend NEPA again: Senators Capito, Lee, Whitehouse and Heinrich introduced S. 5653, the Bipartisan American Affordability and Jobs Act, on September 30, 2026[23][24].

    Seven County Infrastructure Coalition v Eagle County: what courts review now

    Decided May 29, 2025, the case concerned the Surface Transportation Board's EIS for an 88-mile Utah rail line. The Supreme Court held that courts owe agencies substantial deference on an EIS's scope and detail, that the Board need not analyze upstream drilling or downstream refining, separate projects in time or place, and that a deficient EIS does not necessarily require vacating the approval[6].

    Outline

    What a NEPA procedures memo covers

    No statute prescribes this memo. Its items follow the questions NEPA and agency procedures answer for every project[22][9].

    1. Federal action

      The funding, permit or approval that makes this a major Federal action; non-federal projects with no or minimal federal funding are excluded[25].

    2. Threshold check

      Whether any environmental document is needed: final agency action, an exclusion, a conflict with another law, or a nondiscretionary action[22].

    3. Lead and cooperating agencies

      Which federal agency leads, set by letter or memorandum when several participate[9].

    4. Procedures that apply

      The lead agency's current rule or handbook and its date, from CEQ's directory and the latest Federal Register notice[5].

    5. Expected level of review

      Categorical exclusion (the agency's own or one adopted from another agency), EA or EIS, with the reason[22][26].

    6. Page limits and deadlines

      The limit and deadline for that level of review, and the date the clock starts[9].

    7. Sponsor role and fee option

      Whether the sponsor prepares the document under the lead agency's supervision[9], and whether to pay for a shorter schedule[8].

    8. FAST-41 eligibility

      Whether the project falls in a covered sector and could request coverage[27][11].

    9. Other reviews and open questions

      Consultations and permits under other laws to schedule alongside NEPA, and each fact still to confirm with the agency.

    Sources

    Where each statement comes from

    Show all 27 sources
    1. [1]40 CFR part 1501 - NEPA and Agency Planning (CEQ), as in effect April 10, 2025, before its removal. Electronic Code of Federal Regulations (eCFR), point-in-time, July 1, 2024. Read October 3, 2026.
    2. [2]Removal of National Environmental Policy Act Implementing Regulations (interim final rule), 90 FR 10610. Council on Environmental Quality, Federal Register, February 25, 2025. Read October 2, 2026.
    3. [3]Removal of National Environmental Policy Act Implementing Regulations (final rule), 91 FR 618. Council on Environmental Quality, Federal Register, January 8, 2026. Read October 2, 2026.
    4. [4]42 U.S.C. 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    5. [5]Agency NEPA Procedures and Contacts. Council on Environmental Quality, nepa.gov. Read October 2, 2026.
    6. [6]Seven County Infrastructure Coalition v. Eagle County, No. 23-975 (opinion of the Court). Supreme Court of the United States, May 29, 2025. Read October 2, 2026.
    7. [7]Fiscal Responsibility Act of 2023, Pub. L. 118-5, section 321 (BUILDER Act). GovInfo, June 3, 2023. Read October 2, 2026.
    8. [8]Pub. L. 119-21, section 60026: Project sponsor opt-in fees for environmental reviews (42 U.S.C. 4336f). GovInfo, July 4, 2025. Read October 2, 2026.
    9. [9]42 U.S.C. 4336a - Timely and unified Federal reviews. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    10. [10]FAST-41 Program. Federal Permitting Improvement Steering Council (permitting.gov). Read October 2, 2026.
    11. [11]42 U.S.C. 4370m-2 - Permitting process improvement (FAST-41). United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    12. [12]H.R. 4776 - SPEED Act (Standardizing Permitting and Expediting Economic Development Act), 119th Congress: actions, titles and summary. Congress.gov (Library of Congress), July 25, 2025. Read October 4, 2026.
    13. [13]Executive Order 14154, Unleashing American Energy, 90 FR 8353. Executive Office of the President, Federal Register, January 29, 2025. Read October 2, 2026.
    14. [14]National Environmental Policy Act (USDA final rule), 91 FR 17062. U.S. Department of Agriculture, Federal Register, April 3, 2026. Read October 2, 2026.
    15. [15]National Environmental Policy Act Implementing Regulations (Interior final rule), 91 FR 8738. U.S. Department of the Interior, Federal Register, February 24, 2026. Read October 2, 2026.
    16. [16]Revision of National Environmental Policy Act Implementing Procedures (DOE interim final rule), 90 FR 29676. U.S. Department of Energy, Federal Register, July 3, 2025. Read October 4, 2026.
    17. [17]National Environmental Policy Act Regulations (FHWA, FRA and FTA final rule), 91 FR 56029. U.S. Department of Transportation, Federal Register, September 1, 2026. Read October 2, 2026.
    18. [18]Environmental Analysis of Army Actions (AR 200-2), interim final rule rescinding 32 CFR part 651, 90 FR 29450. Department of the Army, Federal Register, July 3, 2025. Read October 2, 2026.
    19. [19]Memorandum for Heads of Federal Departments and Agencies: Implementation of the National Environmental Policy Act (revised guidance and agency procedures template). Council on Environmental Quality, nepa.gov, September 29, 2025. Read October 2, 2026.
    20. [20]10 CFR part 1021 - National Environmental Policy Act Implementing Procedures (DOE), appendix B to subpart D. Electronic Code of Federal Regulations (eCFR), current. Read October 2, 2026.
    21. [21]DOE National Environmental Policy Act (NEPA) Implementing Procedures. U.S. Department of Energy, July 13, 2026. Read October 2, 2026.
    22. [22]42 U.S.C. 4336 - Procedure for determination of level of review. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    23. [23]S. 5653 - A bill to prescribe permitting reform, and for other purposes, 119th Congress: sponsor, cosponsors and actions. Congress.gov (Library of Congress), September 30, 2026. Read October 4, 2026.
    24. [24]Capito, Lee, Whitehouse, and Heinrich Introduce Bipartisan American Affordability and Jobs Act of 2026 (with bill text). Office of U.S. Senator Shelley Moore Capito, September 30, 2026. Read October 4, 2026.
    25. [25]42 U.S.C. 4336e - Definitions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    26. [26]42 U.S.C. 4336c - Adoption of categorical exclusions. United States Code, 2023 edition (GovInfo). Read October 2, 2026.
    27. [27]42 U.S.C. 4370m - Definitions (FAST-41). United States Code, 2023 edition (GovInfo). Read October 2, 2026.

    Written by

    Ilya Volodarsky

    Ilya Volodarsky founded ePlan.ai. He co-founded Segment and is co-founder and CEO of Wildfires.org.

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    • CEQ had issued them under Executive Order 11991. After Executive Order 14154 revoked that order in January 2025, CEQ concluded it may lack authority to issue binding regulations without it, removed them, and kept the removal unchanged in its January 2026 final rule.

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