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The White House Council on Environmental Quality issued guidance on September 29, 2025, implementing the May 2025 opinion of the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, which narrowed the scope of federal agencies’ NEPA reviews and increased the deference owed by the courts to those agencies’ NEPA determinations. The new guidance updates and replaces guidance issued in February 2025, building upon amendments to NEPA passed by Congress in 2023 and 2025. The guidance was accompanied by a template to be used by federal agencies in the the development or revision of agency-specific NEPA procedures. The guidance and template are intended to give federal agencies a clear and consistent roadmap to streamline the federal environmental review and permitting process.
Many federal agencies will choose to issue their NEPA procedures through non-regulatory documents such as guidance or handbooks, which would allow them to adjust these procedures quickly if circumstances arise. Some agencies may choose to address their NEPA procedures through notice-and-comment rulemaking, which is more durable, but takes longer to change to adjust to different circumstances. The September 29 guidance sets forth procedures for the agencies to consult with CEQ in implementing their NEPA programs under either option.
The guidance also allows agencies to implement the fee provisions from the NEPA revisions in the One Big Beautiful Bill Act that allow project proponents to pay for expedited processing of the NEPA review for their project.
The guidance and template represent the the Trump administration’s latest efforts to streamline environmental permitting and reduce regulatory requirements under NEPA. The changes should assist in achieving EPA Administrator Lee Zeldin’s stated goal to expedite development of artificial intelligence technologies and supporting data centers.
For more information regarding this topic, contact Liskow attorneys Greg Johnson, Clare Bienvenu, Emily von Qualen, and Colin North, and visit the Louisiana Industrial Insights Hub for further updates.
CEQ has worked and continues to work with agencies for consistency as they revise their agency-level NEPA implementing procedures. Based on the Seven County opinion, the efforts of the working group, and the statutory amendments to NEPA, CEQ is issuing this revised guidance to further assist agencies in establishing or revising their NEPA implementing procedures.