EPA Issues Updated NEPA Procedures and New Guidance on Section 309 Reviews

Short summary

EPA narrowed its environmental review scope to focus on its statutory authorities and updated NEPA procedures to reflect recent legislative, executive, and judicial changes. The proposed rule caps Environmental Assessments at 75 pages/1 year and Environmental Impact Statements at 150-300 pages/2 years. This aligns EPA practice with the administration's deregulatory agenda.

• •EPA Deputy Administrator issued memo narrowing Section 309 reviews to EPA's own statutory authorities, not broad policy preferences
• •Proposed rule updates EPA's NEPA procedures to reflect changes from Fiscal Responsibility Act, Executive Order 14154, and Supreme Court rulings
• •EAs capped at 75 pages/1 year; EISs at 150 pages/2 years (or 300 for extraordinary complexity)

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