Teleforum

On July 16, 2020, the White House Council on Environmental Quality published the long-awaited revision to its regulation of the National Environmental Policy Act (NEPA) as a final rule (85 Fed. Reg. 43304). NEPA requires agencies to study the environmental impacts of major actions that could significantly impact the environment. But does the new rule make the environmental review process significantly more synchronized and predictable? Does it address the Trump's administration's "One Federal Decision" policy? It clarifies key terms where the original 1978 regulation, and subsequent federal court decisions, have significantly expanded the burdens and litigation risks of the NEPA process, but will new provisions on exhaustion of objections during comment periods reduce litigation risk for agencies and uncertainties for project applicants and other stakeholders? Together with the Trump administration's other major infrastructure reform initiatives, will the new rule help pave the way for significant expansion a