The Federal Energy Regulatory Commission on June 30 voted unanimously to revise its regulations on the implementation of the National Environmental Policy Act and issued a staff manual outlining the revised procedures.
This effort was directed by President Trump’s Unleashing American Energy Executive Order 14154 issued on January 20, 2025, which calls for unleashing American energy dominance through efficient permitting, FERC said.
In response to President Trump’s E.O. 14154, the Council on Environmental Quality (CEQ) rescinded its NEPA implementing regulations, “which simplified the burdensome environmental review process and enabled FERC to implement revisions at an unprecedented pace. FERC's revisions remove all references to the now inoperative CEQ regulations,” FERC said.
The FERC staff manual provides details on how staff will:
• Assess what actions are subject to NEPA’s procedural requirements and the requisite level of NEPA review;
• Ensure that relevant environmental information is identified and considered early in the process to support informed decision making;
• Conduct coordinated, consistent, predictable and timely environmental reviews, and reduce unnecessary burdens and delays; and
• Implement NEPA’s mandates regarding lead and cooperating agency roles, time limits, and applicant preparations of environmental documents.
The updates to the FERC regulations are part of a Final Rule that becomes effective 45 days after publication in the Federal Register.
Recently FERC also voted unanimously to waive the operation of FERC Order 871 and seek its ultimate repeal. Order 871 has been often used as a barrier to rapid natural gas infrastructure construction, FERC said.
FERC also unanimously voted to raise the amount under which natural gas facility owners do not need to seek a FERC permit for adding or improving their facilities.
DOE Announces Updates to National Environmental Policy Act Procedures
In related news, the U.S. Department of Energy on June 30 announced new updates to the Department’s NEPA procedures.
DOE published an interim final rule rescinding all NEPA regulations and published new NEPA guidance procedures for the Department of Energy.
DOE’s updated procedures identify specific actions excluded from NEPA review, including issuance of emergency Orders pursuant to section 202(c) of the Federal Power Act and Presidential Permits, and authorizations to import natural gas from any country and to export natural gas to free-trade agreement countries.
DOE’s Interim Final Rule was scheduled to be published in the Federal Register on Tuesday, July 1, 2025.
A PDF of the IFR is available here.
DOE’s updated NEPA guidance documents are available here.
