New NEPA Reforms and Duplicative State Environmental Reviews Could Delay Renewables and Clean Electric Transmission

Abstract

On July 16, 2020, the President's Council on Environmental Quality (CEQ) finalized an overhaul of the guidelines for implementing the National Environmental Policy Act (NEPA) regulations. Supporters of the new regulations applauded the changes. However, states and numerous national environmental groups have vowed to challenge the new rule in the courts. The timing of the final rule just prior to the presidential election in November will likely create uncertainty for projects undergoing NEPA review, and might possibly delay any final ruling.