Council on Environmental Quality 2021 – Federal Register Recent Federal Regulation Documents

The Council on Environmental Quality (CEQ) is proposing to modify certain aspects of its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA) to generally restore regulatory provisions that were in effect for decades before being modified in 2020. CEQ proposes these changes in order to better align the provisions with CEQ's extensive experience implementing NEPA, in particular its perspective on how NEPA can best inform agency decision making, as well as longstanding Federal agency experience and practice, NEPA's statutory text and purpose, including making decisions informed by science, and case law interpreting NEPA's requirements. The proposed rule would restore provisions addressing the purpose and need of a proposed action, agency NEPA procedures for implementing CEQ's NEPA regulations, and the definition of ``effects.'' CEQ invites comments on the proposed revisions.

On January 8, 2021, the Council on Environmental Quality (CEQ) issued a final rule to implement Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents.'' In accordance with E.O. 13992, ``Revocation of Certain Executive Orders Concerning Federal Regulation,'' this final rule rescinds CEQ's rule on guidance document procedures.

Pursuant to Executive Order (E.O.) 13891, ``Promoting the Rule of Law Through Improved Agency Guidance Documents,'' this final rule establishes the process that the Council on Environmental Quality (CEQ) will follow for issuing guidance documents. E.O. 13891 requires Federal agencies to finalize regulations or amend existing regulations to establish processes and procedures for issuing guidance documents.