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Revision of National Environmental Policy Act Implementing Procedures rule (2025)

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What is a significant rule?

Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition.


Revision of National Environmental Policy Act Implementing Procedures
Agency: Department of Energy
Action: Interim final rule
Type: Section 3(f)(1) significant rule
Federal code: 10 CFR Parts 205 and 1021
Estimated cost:[1] $0
Estimated benefit:[1] $0
Policy topics: Environmental regulation

The Revision of National Environmental Policy Act Implementing Procedures rule is a significant rule issued by the Department of Energy (DOE) designed to go into effect on July 3, 2025, that revises regulations implementing the National Environmental Policy Act.[2]

Timeline

The following timeline details key rulemaking activity:

  • August 4, 2025

    End of the public comment period.[2]

  • July 3, 2025

    The interim final rule went into effect.[2]

  • July 3, 2025

    DOE published an interim final rule and opened the comment period.[2]

Background

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The Department of Energy is responsible for issuing regulations under the National Environmental Policy Act. This rule amends these implementing regulations in accordance with a recent U.S. Supreme Court ruling, enshrining DOE procedures in a procedural guidance document separate from the Code of Federal Regulations.

Summary of the rule

The following is a summary of the rule from the rule's entry in the Federal Register:[2]

“ This interim final rule substantially revises Department of Energy's (DOE) regulations containing its National Environmental Policy Act (NEPA) implementing procedures, which were promulgated to supplement now-rescinded Council on Environmental Quality regulations.[3] ”

Summary of provisions

The following is a summary of the provisions from the rule's entry in the Federal Register:[2]

“ Mindful that the Supreme Court recently clarified NEPA is a “purely procedural statute,” DOE will henceforth maintain the remainder of its procedures in a procedural guidance document separate from the Code of Federal Regulations.[3] ”

Significant impact

See also: Significant regulatory action

Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. E.O. 14215, issued on February 18, 2025, by President Donald Trump (R), required independent agencies to comply with all aspects of OMB review, including review by the Office of Information and Regulatory Affairs (OIRA). The text of the rule states that OMB deemed this rule economically significant under E.O. 12866:

“ OIRA has determined that this regulatory action does constitute a “significant regulatory action” under E.O. 12866, as supplemented by E.O. 13563, and has reviewed this action.[3] ”

Text of the rule

The full text of the rule is available below:[2]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 Federal Register', "National Environmental Policy Act Implementing Procedures," accessed August 15, 2025
  3. ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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