Council on Environmental Quality

Note: On January 20, 2025, President Trump issued a memorandum instituting a regulatory freeze, preventing agencies from issuing proposals or rules pending review by Trump-appointed agency heads. On January 31, 2025, President Trump issued Executive Order 14192, directing agencies to identify 10 existing regulations to eliminate for each new regulation they promulgate.

NEPA Regulations

The Council on Environmental Quality (CEQ) first promulgated regulations for environmental review under the National Environmental Policy Act (NEPA) in 1978. NEPA requires federal agencies to interpret and administer federal policies, regulations, and laws in accordance with NEPA's policies and to consider environmental values in their decision making. (See 42 U.S.C. § 4332). Under NEPA, federal agencies must prepare a “detailed statement” (commonly known as an environmental impact statement or EIS) on any “major Federal action[s] significantly affecting the quality of the human environment.” The statement must describe:

  • “(i) reasonably foreseeable environmental effects of the proposed agency action;
  • (ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented;
  • (iii) a reasonable range of alternatives to the proposed agency action . . . that are technically and economically feasible, and meet the purpose and need of the proposal;
  • (iv) the relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity; and
  • (v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.” 

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (FRA), which amended portions of NEPA. Among other things, the FRA amendments clarify requirements for determining whether an EIS is required and the topics to be covered in an EIS, clarify the roles and responsibilities of different agencies in EIS preparation, and set page limits and deadlines for EISs. 

On February 25, 2025, the Council on Environmental Quality (CEQ) published an interim final rule to remove the agency’s regulations implementing the National Environmental Policy Act (NEPA), effective April 11, 2025. 90 Fed. Reg. 10,610 (Feb. 25, 2025). The action is taken in response to President Trump’s Executive Order 14154, ordering the CEQ to propose rescinding its NEPA regulations and convene a working group to expedite permitting approvals.

Second Trump Administration (2025-2028)

On February 25, 2025, the Council on Environmental Quality (CEQ) published an interim final rule to remove the agency’s regulations implementing the National Environmental Policy Act (NEPA), effective April 11, 2025. 90 Fed. Reg. 10,610 (Feb. 25, 2025). The action is taken in response to President Trump’s Executive Order 14154, ordering the CEQ to propose rescinding its NEPA regulations and convene a working group to expedite permitting approvals.

Biden Administration (2021-2024)

“Phase 2” NEPA Revisions 

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.

“Phase 1” NEPA Revisions

On April 20, 2022, CEQ issued final rules revising NEPA regulations, aiming to restore NEPA regulations that the Trump administration had removed in 2020. (87 Fed. Reg. 23453, April 20, 2022). The rule—“Phase 1” of the agency’s plan to restore NEPA to its pre-2020 rigor— made three major changes to then-current NEPA regulations. First, the Phase 1 rule requires agencies to consider the “direct,” “indirect,” and “cumulative” impacts of proposed agency decisions. Review of cumulative impacts, which the Trump administration’s 2020 rule removed from the NEPA process, is frequently necessary to understand a project’s contribution to climate change. Cumulative impacts are also relevant to environmental justice analyses. In addition to restoring review of cumulative impacts, the Phase 1 rule restored federal agencies’ authority to develop and analyze project alternatives to minimize the environmental and public health costs of a proposed project. Finally, the Phase 1 rule allows federal agencies to go beyond NEPA’s minimum requirements in their environmental review.

NEPA’s Phased Reregulation Approach

In response to EO 14008, CEQ established a phased approach to revising NEPA regulations. (86 Fed. Reg. 55757, Oct. 7, 2021) In “Phase 1,” NEPA identified “a discrete set of provisions,” focusing on NEPA elements that

  1. “pose significant near-term interpretation or implementation challenges for Federal agencies and would have the most impact to agencies' NEPA processes during the interim period before a “Phase 2” rulemaking is complete;”
  2. “make sense to revert to the 1978 regulatory approach,” for a list of articulated reasons; and
  3. were “generally unlikely” to be further revised in a “Phase 2” rulemaking. 

The subsequent regulations, "Phase 2," would "more broadly revisit the 2020 NEPA Regulations and propose further revisions to ensure that the NEPA process provides for efficient and effective environmental reviews that are consistent with the statute's text and purpose; provides regulatory certainty to Federal agencies; promotes better decision making consistent with NEPA's statutory requirements; and meets environmental, climate change, and environmental justice objectives."

Executive Order Directing Reregulation

On January 27, 2021, the President signed Executive Order 14008 (Tackling the Climate Crisis at Home and Abroad) which established a government-wide approach to the climate crisis by reducing greenhouse gas emissions and an Administration policy to increase climate resilience, transition to a clean-energy economy, address environmental justice and invest in disadvantaged communities, and spur well-paying union jobs and economic growth. Among other directives, EO 14008 directed the Chair of CEQ and the Director of the Office of Management and Budget (OMB) to ensure that Federal infrastructure investments reduce climate pollution and that Federal permitting decisions consider the effects of greenhouse gas emissions and climate change.

First Trump Administration (2017-2020)

Revisions to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act

On July 16, 2020, the Council on Environmental Quality finalized an overhaul of regulations governing environmental review under NEPA. (85 Fed. Reg. 43304, July 16, 2020). Among other things, the revisions had the effect of limiting, and potentially even eliminating, consideration of climate change in NEPA reviews. 

Prior to the amendments, NEPA regulations required agencies to consider direct, indirect, and cumulative effects in EISs. The indirect and cumulative effect requirements have led some courts to compel agencies to account for climate change when analyzing the impact of fossil fuel leases and certain infrastructure projects. The revised regulations collapse the distinction between indirect and direct effects, and expressly eliminate the requirement to consider cumulative effects. The revised regulations also restrict analysis to effects that have a "reasonably close causal relationship" to the proposed project, which could limit consideration of life-cycle greenhouse gas emissions or on-the-ground climate change impacts related to the project.

The amendments could also make it easier for agencies to dismiss the significance of impacts caused by fossil fuel projects. NEPA only requires agencies to prepare a full EIS for projects that may significantly affect the environment. By watering down the definition of "significantly," the revisions could lead agencies to determine that certain fossil fuel projects do not warrant a comprehensive environmental review even if the indirect climate change impacts would be extensive.

For more information on the impacts of this rule, visit the Climate Law Blog.

This rule was challenged in court. (See Wild Virginia v. Council on Environmental Quality in “Litigation” below)

Litigation

Wild Virginia v. Council on Environmental Quality

On July 29, 2020, environmental groups filed a lawsuit challenging the 2020 rule in a California District Court and a Virginia District Court. On August 28, 2020, California and 20 other states, along with Guam, the District of Columbia, Harris County in Texas, and New York City, filed a lawsuit challenging the 2020 rule as well. On March 17, 2021, CEQ asked the Virginia court to remand the rule for reconsideration, but on June 21 the court instead dismissed the case, concluding that it was not justiciable.

Guidance on Consideration of Greenhouse Gas Emissions and Climate Change in NEPA Reviews

Under NEPA, Federal agencies must disclose and consider the reasonably foreseeable effects of their proposed actions and reasonable alternatives. (See 42 U.S.C. § 4332(2)(C)). The courts have held that agencies must consider both proposed actions’ contributions to climate change (i.e., via greenhouse gas emissions) and the effects of climate change on proposed actions and their environmental outcomes. CEQ has issued guidance to assist Federal agencies in considering  GHG emissions and climate change in NEPA reviews.

On January 9, 2023, CEQ issued interim guidance to help federal agencies better assess and disclose climate impacts in reviews. (88 Fed. Reg. 1196, Jan. 9, 2023). Among other things, the updated guidance covers the reporting of greenhouse gas emissions, including the appropriate use of the social cost of greenhouse gases to disclose climate impacts, and makes specific recommendations for evaluating the impacts of renewable energy and other projects designed to reduce greenhouse gas emissions and enhance climate resilience.

Biden Administration (2021-2025)

Interim Guidance on Assessing Climate Impacts

On January 9, 2023, CEQ issued interim guidance to help federal agencies better assess and disclose climate impacts in reviews. (88 Fed. Reg. 1196, Jan. 9, 2023). Among other things, the updated guidance covers the reporting of greenhouse gas emissions, including the appropriate use of the social cost of greenhouse gases to disclose climate impacts, and makes specific recommendations for evaluating the impacts of renewable energy and other projects designed to reduce greenhouse gas emissions and enhance climate resilience.

Withdrawal of 2019 Draft Guidance

On February 19, 2021, CEQ withdrew the 2019 draft guidance and announced a review of the 2016 guidance. (86 Fed. Reg. 10252, Feb. 19, 2021).

Executive Order on Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis

On January 20, 2021, President Biden signed Executive Order 13990 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis). Among other things, the executive order directed CEQ to rescind the 2019 draft greenhouse guidance issued during the Trump administration, and review, revise, and update the 2016 greenhouse gas guidance issued during the Obama administration. 

First Trump Administration (2017-2021)

Proposed Guidance

On June 26, 2019, CEQ proposed new draft guidance. (84 Fed. Reg. 30097, June 26, 2019). The 2019 guidance stated that “[a]gencies preparing NEPA analyses need not give greater consideration to potential effects from GHG emissions than to other potential effects on the human environment.” The guidance further stated that agencies are to assess effects only when a sufficiently close causal relationship exists between the proposed action and the effect, which must be closer than a “but-for” causal relationship. 

Withdrawal of Guidance

On April 5, 2017, CEQ published a notice in the Federal Register announcing the withdrawal of the guidance. (82 Fed. Reg. 16576, Apr. 5, 2017)

Executive Order Rescinding CEQ's Climate Guidance

On March 28, 2017, President Trump issued Executive Order 13783 (Promoting Energy Independence and Economic Growth). Among other directives, Section 3(c) of EO 13783 directed CEQ to rescind the final guidance on climate change and NEPA reviews issued in 2016 by the Obama Administration.

Obama Administration (2011-2017)

Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews

In August 2016, CEQ released final guidance for federal agencies on how to consider the impacts of their actions on global climate change in their National Environmental Policy Act reviews. (81 Fed. Reg. 51866, Aug. 5, 2016). This final guidance provides a framework for agencies to consider both the effects of a proposed action on climate change, as indicated by its estimated greenhouse gas emissions, and the effects of climate change on a proposed action. The final guidance applies to all types of proposed federal agency actions that are subject to NEPA analysis and guides agencies on how to address the greenhouse gas emissions from federal actions and the effects of climate change on their proposed actions within the existing NEPA regulatory framework. Below is the guidance and related information, including a list of greenhouse gas accounting tools available to federal agencies.

Related Documents:

Other Guidance

Guidance on Carbon Capture, Utilization and Sequestration

On February 16, 2022, CEQ published an interim guidance document titled “Carbon Capture, Utilization, and Sequestration Guidance.” According to CEQ, the goal of the guidance is to “facilitate reviews associated with the deployment of [carbon capture, utilization, and sequestration (CCUS)] and to promote the efficient, orderly, and responsible development and permitting of CCUS projects at an increased scale in line with the Administration's climate, economic, and public health goals.” Among other items, the guidance suggests that agencies should consider developing programmatic environmental reviews where such analyses can facilitate more efficient and effective review of multiple carbon capture, utilization, and/or sequestration projects, and should focus on engaging communities and Tribes in co-development of projects and approaches.

Biden Administration (2021-2025)

Guidance on Carbon Capture, Utilization and Sequestration

On February 16, 2022, CEQ published an interim guidance document titled “Carbon Capture, Utilization, and Sequestration Guidance.” According to CEQ, the goal of the guidance is to “facilitate reviews associated with the deployment of [carbon capture, utilization, and sequestration (CCUS)] and to promote the efficient, orderly, and responsible development and permitting of CCUS projects at an increased scale in line with the Administration's climate, economic, and public health goals.” Among other items, the guidance suggests that agencies should consider developing programmatic environmental reviews where such analyses can facilitate more efficient and effective review of multiple carbon capture, utilization, and/or sequestration projects, and should focus on engaging communities and Tribes in co-development of projects and approaches.

Guiding Principles for Sustainable Federal Buildings and Associated Instructions

Consistent with Executive Order 13834 of May 17, 2018, “Efficient Federal Operations,” CEQ issued guiding principles and associated instructions to assist federal agencies in designing, locating, constructing, maintaining, and operating federal buildings in a sustainable manner that increases efficiency and optimizes performance. The guidance consolidates and replaces prior related CEQ documents. It also provides new flexibilities regarding the use of third-party green building certification systems, and outlines a consistent government-wide portfolio approach for federal agencies to design, mitigate, and measure the impact of their buildings. 

First Trump Administration (2017-2021)

N/A

Obama Administration (2009-2017)

Guidance on Federal GHG Accounting and Reporting

In October 2010, CEQ released Guidance on Federal Greenhouse Gas Accounting and Reporting that establishes Government-wide requirements for measuring and reporting greenhouse gas (GHG) emissions associated with federal agency operations. The guidance serves as the federal government’s official Greenhouse Gas Protocol and was used by federal agencies to develop their GHG inventories. Federal agencies are required to submit GHG inventories annually beginning in January of 2011, as called for in the Executive Order on Federal Leadership in Environmental, Energy and Economic Performance (Executive Order 13514) signed by President Obama on October 5, 2009.

In June 2012, CEQ finalized an update to the guidance based on recommendations from an interagency work group co-chaired by the Department of Energy’s Federal Energy Management Program, the Department of Defense, and the Environmental Protection Agency.

Guidance for Federal Climate Change Adaptation Planning

On March 4, 2011, CEQ issued formal guidance to federal agencies on the development of climate change adaptation plans, intended to assist those agencies in fulfilling the requirements of Executive Order 13514.  The guidance requires federal agencies to draft adaptation policy statements by June 3, 2011 and to complete their adaptation plans by June 4, 2012.  Under the guidance, adaptation plans will be available for public review and comment. Agency Strategic Sustainability Performance Plans released in 2013 included climate change adaptation plans for the first time.

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