The Nickel Report

In recent years, there have been major shifts involving the National Environmental Policy Act (NEPA) and its implementing regulations as a result of statutory amendments, court decisions, and the Trump Administration’s efforts to streamline federal permitting. For decades, NEPA’s sparse statutory language provided few specifics on NEPA implementation, and the regulatory framework was based on implementing regulations promulgated by the Council on Environmental Quality (CEQ) and judicial precedent interpreting those regulations. As a result of its requirements and challenges questioning agency compliance with those requirements, critical projects were slowed or abandoned due to NEPA review timeframes and the threat of litigation from project opponents.