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- Interior, including BLM: a Departmental Handbook holds most procedures; 43 CFR part 46 is partly rescinded[15]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- Army: 32 CFR part 651 was rescinded; Department of Defense-wide procedures now guide its process[18]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].