November 05, 2018

Summary of CEQ Advance Notice of Proposed Rulemaking

Manisha D. Patel

On June 20, 2018, the White House Council on Environmental Quality (CEQ) issued an Advance Notice of Proposed Rulemaking (ANPRM), Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act, 83 Fed. Reg. 28,591. CEQ requested comments on potential revisions to its implementing regulations for the National Environmental Policy Act (NEPA). The comment period was extended once and closed on August 20, 2018. 83 Fed. Reg. 32,071 (July 11, 2018). CEQ has amended its NEPA regulations only twice since they were promulgated in 1978—once, substantively, to eliminate the “worst case” analysis requirement of 40 C.F.R. 1502.22 and a second time in 2005 to update its postal address. 51 Fed. Reg. 15,618 (Apr. 25, 1986), 70 Fed. Reg. 41,148 (July 18, 2005), respectively.

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