NEPA (National Environmental Policy Act of 1969) is the federal law that requires agencies to consider and publicly disclose the environmental effects of “major Federal actions” before decisions are made. Agencies typically must evaluate impacts through an Environmental Assessment (EA) and, if there may be significant effects, prepare a more detailed Environmental Impact Statement (EIS); NEPA also requires consideration of reasonable alternatives and public involvement.
The Council on Environmental Quality (CEQ) is the body created by NEPA and housed in the Executive Office of the President to advise the President and coordinate federal implementation of NEPA. Its statutory creation and membership are set out at 42 U.S.C. §4342; CEQ issues guidance to help agencies implement NEPA and coordinate reviews, drawing on its statutory role and experience but it does not itself alter statutes enacted by Congress.
Guidance is non‑binding interpretive advice explaining how an agency or the Executive Branch believes statutes or regulations should be applied; it does not change statutory or regulatory legal obligations. CEQ guidance helps agencies implement NEPA tools and procedures but does not by itself change what NEPA or court decisions require—only statutes, formal CEQ regulations, or binding court rulings can change legal obligations.
CEQ’s emergencies guidance directs agencies to use existing NEPA tools to speed responses—examples include using categorical exclusions where appropriate, preparing or tiering Environmental Assessments (EAs), relying on programmatic analyses, applying time‑limited or focused EAs/EISs, using existing environmental reviews and analyses, and coordinating across agencies to streamline permitting and review in emergencies.
CEQ’s guidance recognizes NEPA’s public‑participation requirements but explains ways to adapt them in emergencies—for example, using shorter notice and comment periods, remote/virtual participation methods, targeted outreach, or post‑decision supplemental opportunities when immediate action is needed—while documenting the reasons for any shortened or modified public processes.
Yes. The guidance includes safeguards and limits: agencies must still identify and analyze environmental effects, consider alternatives and mitigation, document decisions and rationale, comply with other environmental laws, and explain any use of expedited procedures; CEQ emphasizes legal requirements and environmental considerations even when processes are accelerated.
The full CEQ emergency guidance is available from CEQ at: https://ceq.doe.gov/docs/ceq-regulations-and-guidance/Emergencies-and-NEPA-Guidance-2026.pdf