Following the Supreme Court’s Seven County Infrastructure Coalition v. Eagle County decision and the rescission of prior Council on Environmental Quality (CEQ) regulations, several federal agencies - including DOT, DOI, and the Army Corps of Engineers - issued Interim Final Rules revising their National Environmental Policy Act (NEPA) procedures. These new procedures went into effect immediately upon publication. The agencies are now seeking public comments by August 4, 2025, on the Interim Final Rules.
DOT’s Revised NEPA Procedures
On July 3, the Department of Transportation (DOT) issued an Interim Final Rule updating the NEPA implementing procedures for its surface transportation agencies, including the Pipeline and Hazardous Materials Safety Administration, Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration. The revised rule removes references to rescinded CEQ regulations and incorporates changes required by the Fiscal Responsibility Act of 2023 and the Infrastructure Investment and Jobs Act (IIJA).
The updated procedures provide greater agency discretion in determining the appropriate level of NEPA review, expand the availability of categorical exclusions (including for the repair or replacement of pipelines such as NGDISM grant projects), and formalize the use of applicant- or contractor-prepared environmental documents under DOT’s supervision. While these changes are primarily relevant to transportation infrastructure, they reflect the same trend toward streamlined federal review processes as previously reported on.
DOI’s Revised NEPA Procedures
The Department of the Interior (DOI) also issued an Interim Final Rule on July 3, revising its NEPA regulations. This action moves most of the regulatory text to internal guidance, shifting its detailed procedures out of regulation. DOI seeks to provide the Bureau of Land Management, U.S. Fish and Wildlife Service, and National Park Service with more flexibility in tailoring reviews. The revised approach also streamlines references, removes outdated CEQ citations, and encourages early coordination and efficient document preparation, which is in line with the revisions made by other agencies.
While not directly applicable to public gas utilities, these changes may affect projects on federal lands or involving protected resources under statutes like the Endangered Species Act.
Army Corps of Engineers’ Revised NEPA Procedures
On July 3, the U.S. Army Corps of Engineers issued two Interim Final Rules revising NEPA procedures for both permitting and civil works programs. The first rule consolidates NEPA guidance for Department of the Army permits. This update applies to Section 404 permits under the Clean Water Act and Section 10 permits under the Rivers and Harbors Act, as well as Section 408 permissions involving modifications to federal projects. The rule clarifies when Environmental Assessments or Environmental Impact Statements are required, encourages early coordination with applicants, and broadens the use of categorical exclusions. These revisions are consistent with changes adopted by other agencies.
The second rule rescinds most of the Corps’ NEPA regulations concerning civil works, which involves activities like flood risk management, navigation projects, and ecosystem restoration. The Corps will instead rely on the Department of Defense and agency-specific guidance for civil works NEPA compliance, retaining only certain categorical exclusions and emergency procedures.
Although most public gas utilities are not regularly involved in Corps permitting, these procedures may be relevant for members undertaking infrastructure projects near federal waterways or levees that fall under the Corps’ jurisdiction.
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All three agencies are accepting public comments through August 4, 2025. To read more about DOE’s and FERC’s revised NEPA procedures, click here. To read the revised NEPA procedures issues: PHMSA, DOT, DOI, Engineer Corps. APGA will continue to monitor NEPA rulemaking activity across agencies and provide updates on future engagement concerning NEPA.