On June 30, federal agencies, including the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE), finalized updated procedures for implementing the National Environmental Policy Act (NEPA). These updates follow the Supreme Court’s recent decision in Seven County Infrastructure Coalition v. Eagle County, which granted agencies discretion to conduct NEPA reviews limited to a project’s direct environmental impacts.
FERC’s Revised NEPA Procedures
On June 30, FERC adopted its revised Staff Guidance Manual, outlining how it will conduct NEPA reviews for projects under its jurisdiction, including pipeline certificates and LNG terminals. The updated guidance imposes statutory deadlines requiring completion of Environmental Assessments (EA) within one year and Environmental Impact Statements (EIS) within two years. It also establishes page limits of 75 pages for EAs and 150 pages for EISs, with a maximum of 300 pages for complex projects. The guidance encourages expanded use of categorical exclusions for actions determined not to significantly affect the environment.
While not typically applicable to public gas utilities, FERC’s updated procedures formalize the use of applicant-prepared NEPA documents and third-party contractors under agency supervision. These changes aim to support more timely reviews and emphasize early agency coordination to reduce potential delays.
The guidance also removes references to rescinded Council on Environmental Quality (CEQ) NEPA regulations to align with recent federal actions. The revised procedures no longer include analyses of climate-related or environmental justice impacts within its NEPA reviews. These updates align with President Trump’s Executive Order 14154, Unleashing American Energy, which seeks to streamline energy permitting processes.
DOE’s Revised NEPA Procedures
On June 30, DOE published its new NEPA implementation procedures as an Interim Final Rule, effective immediately. Although the procedures are in effect, DOE is accepting public comment through August 4, 2025, before finalizing the rule.
The department adopted a broader regulatory restructuring approach, removing most of its NEPA implementation procedures from the Code of Federal Regulations, while retaining only provisions related to administrative and routine actions excluded from NEPA review, existing categorical exclusions, and emergency procedures.
The revisions reflect the Fiscal Responsibility Act of 2023, Executive Orders 14154 and 14301, the CEQ’s rescission, and the Seven County Infrastructure Coalition decision. DOE also issued an Interim Final Rule on July 3, 2025, inviting public comment through August 4, 2025.
DOE’s updated procedures clarify exclusions for certain actions relevant to public gas utilities, including natural gas imports and exports under free trade agreements and specific grant programs such as the State Energy Program and Energy Efficiency and Conservation Block Grants. For APGA members, these programs can support initiatives such as pipeline replacement or modernization, high-efficiency natural gas appliance rebate programs for customers, and energy efficiency updates to utility facilities. The revised process adopts timelines and page limits similar to FERC's guidance and emphasizes the expanded use of categorical exclusions to streamline environmental reviews.
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Overall, the updated procedures aim to streamline NEPA reviews by narrowing their scope and establishing clearer timelines. These changes are intended to provide greater predictability for infrastructure projects involving federal funding or other actions that trigger NEPA review.
However, it is important to note that both agencies issued these updated procedures as non-binding guidance rather than formal regulations. This may lead to variability in how reviews are conducted, so early coordination with relevant federal agencies will be important to ensure clarity on the requirements for each project.
Additionally, five other federal agencies, including the Department of Transportation, Interior, Defense (Army Corps of Engineers), Commerce, and Agriculture issued Interim Final Rules or Final Rules on NEPA procedures and are accepting public comments.
To read the FERC NEPA guidance, click here.
To read the DOE NEPA procedures, click here.
APGA will continue to monitor the implementation of these procedures and provide updates on future developments.