NEPA in Flux: The Legal and Policy Implications of Recent Executive and Administrative Actions Affecting NEPA’s Implementation

Brandon M. Tuck, Jason A. Hill, Deborah A. Sivas, and Fred R. Wagner
Ongoing executive and administrative actions may dramatically affect federal agencies’ implementation of the National Environmental Policy Act (NEPA). On January 20, 2025, President Donald Trump issued Executive Order (EO) 14154, Unleashing American Energy. Section 5 of this EO first revokes a 1977 EO that directed the Council on Environmental Quality (CEQ) to issue regulations to federal agencies for the implementation of NEPA. Then, Section 5 directs CEQ to rescind its existing regulations entirely. This EO parallels recent judicial decisions from the U.S. District Courts for the Districts of Columbia and North Dakota finding CEQ’s NEPA regulations to be ultra vires. 

CEQ has begun implementing the directives of EO 1454. On February 19, 2025, CEQ released a memorandum directing federal agencies to revise or establish their own NEPA procedures, with the goal of expediting permitting approvals. Then, on February 25, 2025, CEQ published in the Federal Register an interim final rule revoking the CEQ’s NEPA regulations. These actions constitute the most significant changes to NEPA’s implementation in more than 45 years.
Credit(s)

2

Duration

91 minutes

Original Program Date

March 26, 2025

PRICING

Member Price: $65.00
Non-Member Price: $95.00

About this course

Ongoing executive and administrative actions may dramatically affect federal agencies’ implementation of the National Environmental Policy Act (NEPA). On January 20, 2025, President Donald Trump issued Executive Order (EO) 14154, Unleashing American Energy. Section 5 of this EO first revokes a 1977 EO that directed the Council on Environmental Quality (CEQ) to issue regulations to federal agencies for the implementation of NEPA. Then, Section 5 directs CEQ to rescind its existing regulations entirely. This EO parallels recent judicial decisions from the U.S. District Courts for the Districts of Columbia and North Dakota finding CEQ’s NEPA regulations to be ultra vires.

CEQ has begun implementing the directives of EO 1454. On February 19, 2025, CEQ released a memorandum directing federal agencies to revise or establish their own NEPA procedures, with the goal of expediting permitting approvals. Then, on February 25, 2025, CEQ published in the Federal Register an interim final rule revoking the CEQ’s NEPA regulations. These actions constitute the most significant changes to NEPA’s implementation in more than 45 years.

Join our panel of experienced practitioners as they explain and provide insight on the legal and policy implications of these executive and administrative actions, including:
  • The history and legal underpinnings of these recent actions.
  • Whether federal agencies are expected to develop NEPA procedures that differ from those in the CEQ’s regulations, and how these procedures can expedite permitting approvals.
  • Whether and how congressional amendments to NEPA impose sideboards on agencies’ NEPA procedures.
  • What effects of revised regulations project proponents should expect, including during the interim period while the agencies develop their procedures.
  • The legal and policy implications of federal agencies adopting different procedures to implement NEPA.

Speakers
Credits
Materials
2 CLE Credit(s) – Approval ID: CO 858524

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

If available, this course will include materials (PowerPoints presentations and scholarly papers) authored by the speaker or speakers.