As expected and previously reported in ACRASphere, the White House Council on Environmental Quality (CEQ) has issued an interim final rule that eliminates CEQ’s regulations implementing the National Environmental Policy Act (NEPA) as of April 11, 2025.

Although this rule does not alter the NEPA statute itself, nor does it change individual agencies’ NEPA implementing rules, the move is the most significant change in how the federal government addresses the environmental impacts of its actions in decades.

The action comes in response to President Trump’s executive order “Unleashing American Energy,” which revoked CEQ’s authority to issue NEPA rules, and following two recent court decisions that found that CEQ lacks the statutory authority to issue binding NEPA regulations and voided former President Biden’s 2024 NEPA rule changes.

The interim final rule goes into effect without an opportunity for the public to offer comments, although CEQ is accepting public comments until March 27. CEQ argues that their action meets the requirements in the Administrative Procedures Act (APA) for issuing a final rule, including the argument that “[t]he APA authorizes agencies to issue regulations without notice and public comment when an agency finds, for good cause, that notice and comment is ‘impracticable, unnecessary, or contrary to the public interest.’” CEQ states that such good cause is present in order to meet the deadlines established by President Trump in his Executive Order and due to “agency confusion” over the recent court cases. As CEQ states in the rule, “The President has revoked CEQ’s authority to issue or maintain its NEPA implementing regulations and has instructed CEQ to propose rescinding its existing regulations. And though CEQ seeks comments to obtain the public’s views, such comments could not alter the President’s decision.”

CEQ notes that federal agencies are free to use their existing NEPA procedures for the time being, pointing out that agencies have “NEPA implementing procedures that largely conform to CEQ’s regulations.” In effect, this means that this rule will not, in of itself, change how federal agencies implement NEPA. However, the Trump EO has also called for agencies to review and potentially revise their NEPA procedures, although that is not part of this interim final rule. Furthermore, members of Congress are considering statutory changes to NEPA.

ACRA is reviewing the interim final rule closely and consulting with its allies in the preservation sector to analyze any impacts on CRM and next steps. As noted above, CEQ is accepting comments on the rule until March 27 at https://www.regulations.gov.