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Members discuss agency-level NEPA rulemaking after CEQ delegation changes
Summary
Committee members asked about and discussed the implications of CEQ’s delegation shift and how the BLM, Forest Service and other agencies may now adopt separate NEPA rules, noting potential differences in project review and past Park Service interactions on the reservoir project.
KANE COUNTY — Committee members discussed how a change in CEQ oversight could affect federal environmental reviews and project permitting during the Feb. 18 meeting.
A committee member asked whether the BLM or Forest Service had published NEPA rules following a shift that removed CEQ’s centralized oversight. “That final order was issued… the EO is executive order was rescinded last year,” the questioner said, noting the implication that individual agencies now must develop their own NEPA procedures.
Speakers said the change means agencies must write their own rules and that differences could create variability in reviews: “Oftentimes the rules of one agency like the DOD may be more relaxed in certain areas than the DOI,” a member said. The discussion cited a previous coordination challenge with the National Park Service on the reservoir project and noted that an assistant secretary’s letter had resolved a hold-up in that instance.
Committee members flagged that agency-level rulemaking may produce divergent outcomes for endangered-species consultations, section 7 processes, and other project requirements, and said they would continue to monitor rulemaking and agency guidance as it emerges.
No formal committee action was taken; the exchange was an informational discussion about regulatory environment and anticipated rulemaking differences among federal agencies.
