The Environmental Protection Agency on June 24 announced proposed procedural changes for environmental reporting requirements under the National Environmental Policy Act (NEPA).
The agency’s proposed changes incorporate three key environmental actions:
First, these proposed changes reflect legislation passed in Congress under the Fiscal Responsibility Act of 2023 (FRA), which mandated that Environmental Impact Statements (EIS) were to be completed in two years — (and one year for Environmental Assessments, or EAs) — limited the definition of major federal actions and the scope of environmental impacts to those that were “reasonably foreseeable,” and also imposed page limits of 75 pages for EAs and 150 pages for EISs.
Next, the proposed changes reflect Executive Order 14154 which was signed in January 2025, that directed the White House Council on Environmental Quality (CEQ) to rescind existing NEPA regulations and establish new guidance to federal agencies. CEQ rescinded the NEPA regulations in January 2026.
Last, these proposed changes reflect the Supreme Court’s May 2025 landmark ruling in Seven Cnt. Infrastructure Coal v. Eagle County (covered by this blog here), which significantly limited the scope of environmental effects required to be considered under NEPA to only those environmental effects of the “project at hand,” thus establishing that NEPA’s role is that of a procedural check and should not be used as a substantive roadblock.
Other federal agencies have already established new NEPA guidelines accordingly, (previously covered here and here), such as the Department of Interior, Department of Agriculture, Department of Transportation, the Federal Energy Regulatory Commission, and the Department of Energy.
Under NEPA, the EPA, is for the most part exempt from NEPA’s requirement, due to its role acting as a “functional equivalence.” Actions that the EPA must undergo NEPA review include the following: certain research and development activities, Title II wastewater treatment construction grants, water and wastewater infrastructure projects, National Puollutant Discharge Elimination Systems (NPDES) permits for “new sources,” facilities construction, and certain projects funded through EPA annual appropriates acts.
The major proposed changes by the EPA are listed below:
- Environmental impact statements under NEPA must be completed in two years and be 150 pages or less.
- Removes references to CEQ regulations that have been rescinded.
- The addition of an optional fee for project sponsors that would accelerate their NEPA reviews.
- NEPA analysis will strictly cover the proposed action and reasonably foreseeable environmental effects only.
- Streamline the process of categorical exclusions and adopt other agencies existing categorical exclusions.
Advocates of these proposed changes state that these changes will reduce the time required for a project to undergo the environmental review process and ensure that the EPA is in line with other federal agencies’ NEPA requirements, streamlining the process and creating a harmonized system.
Critics argue that these changes will lead to overall weakened environmental oversight by reducing the scope of review, maintaining these changes prioritize speed over quality of information to meet page limits and time deadlines. Critics also point out that the shortened review window also cuts down on the public’s ability to participate in the process and voice their concerns.
These proposed changes are open for public comment until July 27, 2026, and can be submitted here. Any submissions must include the Docket ID. No. which is EPA-HQ-AO-2025-1080.
To learn more about the EPA and its role with NEPA you can visit EPA’s NEPA specific section on its website here.