On May 1, 2024, CEQ finalized “Phase 2” of the rulemaking process, which addressed comments raised on the Phase 1 regulations. (89 Fed. Reg. 35442, May 1, 2024). Under NEPA, all “major federal actions” that “significantly” affect the environment require an environmental impact statement. Among the changes made in the Phase 2 regulations, CEQ redefined “major federal actions” to “substantial federal control and responsibility”. CEQ did not define “substantial”, but stated the phrase means an agency has a “large amount” but “not complete” control over the action or its effects. To determine which effects are “significant”, the new regulations require agencies to assess the “context” of the proposed action and the “intensity” and duration of its effects when deciding the level of environmental review, implementing a ten-factor test to determine intensity. The Phase 2 regulations also made changes to bolster environmental justice considerations, and made further clarifications to the amendments made by the FRA to NEPA. The Phase 2 regulations further clarified that multiagency environmental reviews will be led by one lead agency, with other agencies serving as joint lead agencies or cooperating agencies.