Earthjustice Statement on End of NEPA IFR Comment Period

This week, the White House Council on Environmental Quality (CEQ) closed the comment period on its interim final rule regarding the removal of National Environmental Policy Act implementing regulations. In February, CEQ announced it was revoking the regulations implementing the National Environmental Policy Act (NEPA), the foundational law that protects people and the environment by requiring the federal government to consider and disclose the environmental consequences if its decisions. Earthjustice joined over 250 groups in submitting a comment to CEQ urging them to reverse course.

“Revocation of clear regulations that provide regulatory certainty to over 80 federal agencies, project sponsors of critical infrastructure, and impacted communities around the country is a stunning reversal of progress made in the last several years,” wrote the groups. “The only certainty provided by the Interim Final Rule is less government transparency, more project delay, more litigation, less resilient infrastructure, and poor environmental and health outcomes for communities.”

“Revoking regulations that provide clarity to all federal agencies, impacted communities, and project sponsors on how to consider environmental, economic, and health impacts of federal decisions is as stunning as it is reckless,” said Earthjustice Senior Legislative Counsel Stephen Schima. “NEPA not only protects communities from polluting projects; it’s foundational to sound and consistent decision-making. By rescinding these regulations, this administration is ensuring that much needed critical infrastructure will be delayed, that communities historically overburdened by pollution will continue to be ignored, and that there will be no clear rules for project developers and investors.”