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Deadline to Comment on Biden Administration’s Proposed Changes to NEPA

September 29, 2023 @ 9:30 pm - 9:59 pm

Biden’s White House’s  Council on Environmental Quality (CEQ) issued a proposed rule-making on 31 July 2023 to implement Congress’s changes to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility Act & also to complete Phase 2 of its’ rewrite of Trump’s rewrite of NEPA. The proposed rule is open for public comment through Friday, 29 September 2023.

If you scroll down to the bottom on the alert, a simple pre-fab comment letter is available there.

To learn about in more depth –  summaries of changes proposed.-  visit these links.

https://www.jdsupra.com/legalnews/the-white-house-continues-to-advance-6435510/

https://eelp.law.harvard.edu/2023/08/nepa-phase2-proposal/

A red line version of proposed rule change:

https://ceq.doe.gov/docs/laws-regulations/CEQ-Regulations-Redline-for-Proposed-Rule.pdf

Nancy (nhilding@rapidnet.com, 605-787-6466) can also send a link to a sign-on letter for groups, organized by Earth Justice – any groups wanting to sign on must do so by  COB on Thursday 9/28/23.

The CEQ will hold virtual public meetings on the proposal on Saturday, 26 August; Wednesday, 30 August; Monday, 11 September; and Thursday, 21 September.

For more on the Fiscal Responsibility Act’s impact on NEPA, please see alert on the topic found here. – https://www.klgates.com/Debt-Ceiling-Legislation-Serves-as-a-Vehicle-for-Substantive-Changes-to-NEPA-6-5-2023

See Press Release, Biden-⁠Harris Administration Proposes Reforms to Modernize Environmental Reviews, Accelerate America’s Clean Energy Future, and Strengthen Public Input, Visit the White House at: https://www.whitehouse.gov/ceq/news-updates/2023/07/28/biden-harris-administration-proposes-reforms-to-modernize-environmental-reviews-accelerate-americas-clean-energy-future-and-strengthen-public-input/ (July 28, 2023).

Or visit –  88 Fed Reg. 49924 (July 31, 2023).

CEQ will look to Executive Orders 12898 and 14096 to guide its application of environmental justice.

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HOW TO COMMENT:

The deadline is received in Washington DC just before midnight EST (11:59 pm EST).

You may submit comments, identified by docket number CEQ–2023–0003, by any of the following methods:

Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.

Fax: 202–456–6546.

Mail: Council on Environmental Quality, 730 Jackson Place NW, Washington, DC 20503.

Instructions: All submissions received must include the agency name, “Council on Environmental Quality,” and docket number, CEQ–2023–0003, for this rulemaking. All comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please do not submit electronically any information you consider private, Confidential Business Information (CBI), or other information, the disclosure of which is restricted by statute.

Docket: For access to the docket to read background documents or comments received, go to https://www.regulations.gov.

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For more info: Amy B. Coyle, Deputy General Counsel, 202–395–5750,

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SIMPLE COMMENTS
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Quote from Food & Water Watch alert:

“The National Environmental Policy Act (NEPA), one of America’s most important environmental laws, empowers affected communities and the public to raise concerns about the environmental impacts of proposed projects involving federal activity.

But in 2020, the Trump administration drastically limited NEPA’s effectiveness to fast-track dirty projects, limit review of climate change impacts, and keep communities in the dark. The Biden administration has worked to reverse many of these dangerous rollbacks, and is currently accepting public comment on new proposed regulations.

To continue to reverse Trump’s damage, we need the White House’s Council on Environmental Quality (CEQ) to strengthen and quickly finalize the proposed regulations, which will help ensure frontline communities have a way to fight polluting projects that threaten our air, water, and climate.

Submit your comment on Regulations.gov before the deadline on September 29. Tell the Council on Environmental Quality: It’s time to fully restore NEPA rules!

Submitting a comment to Regulations.gov is easy.

  1. Click any link in this email to be taken to the regulations.gov page.
  2. Provide your information.
  3. Click “Submit Comment.”

Here is some sample comment language to get you started:

I urge the Council on Environmental Quality to strengthen and quickly finalize the new proposed National Environmental Policy Act regulations to help ensure frontline communities have a way to fight polluting projects that threaten our air, water, and climate. “

Details

Date:
September 29, 2023
Time:
9:30 pm - 9:59 pm