OMB Approves CEQ Guidance on NEPA and Emergencies

Yesterday the OMB’ Office of Information and Regulatory Affairs (OIRA) announced that it had approved a guidance document from the Council on Environmental Quality (CEQ) on “Guidance on Emergencies and the National Environmental Policy Act”. The document was sent to OIRA on May 8^th, 2025.

Guidance documents are not typically described in the Unified Agenda, but would appear to address a memorandum from Brenda Mallory, the previous CEQ Chair, that was published on December 18^th, 2024: “Emergencies and the National Environmental Policy Act Guidance”. That memo provided guidance on how agencies should include environmental stewardship activities in their responses to emergencies “involving immediate threats to human health or safety, or immediate threats to valuable natural resources” that do not allow time to complete the steps outlined in the National Environmental Protection Act regulations. 

I do not expect to cover this guidance document in any detail in this blog, but its publication will almost certainly be noted in the appropriate Short Takes post.

OMB Approves Removal of NEPA Implementing Regulations Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the Council on Environmental Quality (CEQ) on “Removal of National Environmental Policy Act Implementing Regulations”. This final rule was sent to OIRA on August 11^th, 2025. The interim final rule was published on February 25^th, 2025.

According to the Spring 2025 Unified Agenda entry for this rulemaking:

“This interim final rule removes the Council on Environmental Quality (CEQ) regulations implementing the National Environmental Policy Act (NEPA) from the Code of Federal Regulations.”

I expect that this final rule will be published in the Federal Register next week. I do not plan on providing any detailed analysis of this rule, but I will publish a note in the appropriate Short Takes post when it is published.

OMB Approves CEQ Permitting Technology Action Plan

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice from the Council on Environmental Quality (CEQ) on “Permitting Technology Action Plan”. The Plan was sent to OIRA on May 16^th, 2025.

This action was not listed in the Fall 2024 Unified Agenda, but Notices of this sort are not typically listed in the Agenda. It does look like this Action Plan may be associated with the requirements of §5(c) of EO 14154.

The Action Plan will likely be published in the Federal Register this coming week. I do not expect to cover it in any depth, but as with most of the other CEQ documents, I expect to announce its publication in the respective Short Takes post.

CEQ Sends 2 Rulemakings to OMB – 5-8-25

Thursday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received two rulemakings from the Council on Environmental Quality (CEQ). The two rulemakings are:

0331-ZA09, Guidance on Emergencies and the National Environmental Policy Act, and

0331-ZA10, Withdrawal of Interim Guidance (0331-AA06)

Neither rulemaking was listed in the Fall 2024 Unified Agenda and are clearly part of the new Administration’s attempt to dramatically reshape the government’s environmental agenda. With no listing in the UA there is no official listing of the purpose and scope of either rulemaking, but it is relatively easy to find the Biden Administration documents to which these are in response.

The first rulemaking would appear to address a memorandum from Brenda Mallory, the previous CEQ Chair, that was published on December 18^th, 2024: “Emergencies and the National Environmental Policy Act Guidance”. That memo provided guidance on how agencies should include environmental stewardship activities in their responses to emergencies “involving immediate threats to human health or safety, or immediate threats to valuable natural resources” that do not allow time to complete the steps outlined in the National Environmental Protection Act regulations. This actual guidance should be interesting since the new Administration has rescinded those regulations.

The ‘interim guidance’ mentioned in the second rulemaking was published on January 9^th, 2023. According to the preamble to that publication the purpose of the guidance was to “to assist Federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed major Federal actions in accordance with the National Environmental Policy Act (NEPA)”. There is little surprise that the new Administration has little interest in such guidance.

As with the earlier CEQ rulemakings briefly mentioned in this blog, I do not expect to cover either of these rulemakings in any detail, as they are out of the scope of what I typically cover. I do expect to announce their publication (if and when) in the appropriate ‘Short Takes’ post.

OMB Approves NEPA Regulation Removal IFR

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved an interim final rule from the Council on Environmental Quality on “Removal of National Environmental Policy Act Implementing Regulations”. The IFR was submitted to OIRA on Sunday, February 16^th, 2025.

A Department of Energy website does provide some insights on this IFR. It notes that:

“On January 20, 2025, President Trump issued Executive Order (E.O.) 14154, Unleashing American Energy, which directed CEQ to propose rescinding CEQ’s NEPA regulations and to provide guidance on implementing NEPA. CEQ has prepared an Interim Final Rule in response to this direction and is requesting public comments. CEQ also has issued initial guidance on implementing NEPA in response to E.O. 14154 [link added].”

An advanced copy of the proposed IFR is available. The actual IFR will probably appear in the Federal Register next week. Additionally, the DOE web site also provides a copy of a memorandum from the CEQ on “Implementation of the National Environmental Policy Act”. This document outlines the requirements for the revisions of agency implementation of NEPA under EO 14154.

Interesting side note. The USA.gov website provides two links to the CEQ; the CEQ website and the CEQ contact information. The first leads to a generic White House landing page (featuring a triumphant photo of the new President) and the second provides a generic White House contact form. This appears to be part of the ongoing effort on the Executive Branch’s updating of the public facing of the federal government.

I will probably not be providing any significant coverage of this rulemaking in this blog. I will, however, include a note on its publication in the appropriate Short Takes post.