U.S. Transportation Secretary Sean P. Duffy announced on Monday that the Department of Transportation (USDOT) has released three updated sets of implementing procedures under the National Environmental Policy Act (NEPA). These changes represent the first department-wide NEPA revisions in four decades and are intended to streamline environmental review processes for infrastructure projects.
The revisions consolidate six previous procedures into one unified USDOT Order for most Operating Administrations (OAs), alongside updates for the Federal Aviation Administration (FAA) and joint procedures for the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA). According to USDOT, the updates introduce enforceable deadlines, simplify categorical exclusions for routine actions, and clarify the scope of NEPA applicability.
“Under President Trump’s leadership, America is building again,” said U.S. Transportation Secretary Sean P. Duffy. “USDOT’s NEPA reforms will make it possible to deliver roads, bridges, and other critical infrastructure projects faster and more affordably. For too long, unelected Washington bureaucrats have weaponized environmental reviews to create endless delays and block projects. No more. These changes will help usher in a golden age of transportation for the American people.”
According to USDOT, the revised guidance is aligned with the Unleashing American Energy Executive Order, recent legislative amendments to NEPA under the 2023 Fiscal Responsibility Act (BUILDER Act), and the Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County. The changes were coordinated with the White House Council on Environmental Quality.
Key Elements of the Revisions:
- Deadlines and Page Limits: Introduce enforceable timeframes and length restrictions for environmental documents to improve efficiency.
- Clarified Applicability: Specify that NEPA applies only when a federal agency has the discretion to consider environmental impacts in its decision-making.
- Streamlined Categorical Exclusions (CEs): Simplify processes for routine, low-impact actions and promote adoption of other agencies’ existing CEs to avoid duplicative review.
- Updated Procedures: Replace implementing guidance that had not been revised since 1985 in some components of USDOT.
USDOT states that these efforts are intended to modernize the environmental review process and support timely decision-making for transportation and infrastructure development.
The three updated NEPA procedures include:
- Department-wide Order 5610.1D
- Joint FHWA, FRA, and FTA procedures (23 CFR Part 771)
- FAA’s revised Order 1050.1G
USDOT indicates these revisions aim to enhance the clarity, consistency, and predictability of environmental reviews for federally funded infrastructure projects.
The original announcement can be found here.
