New thread! Now that CEQ's regulations for implementing NEPA are final, I'm checking on the 6 major proposed changes I identified to see if they were finalized. I'm starting a new thread so you can compare it to my previous thread on the proposed changes. federalregister.gov/documents/2020… 1. CEQ reduces the number of projects subject to NEPA review. CEQ finalized a list of seven categories of actions that will be excluded from review under the definition of "major federal action." § 1508.1(q)(1).

Since it sounds like the new NEPA regulations from the Council on Environmental Quality will be released tomorrow, here's a thread of the major changes I will be looking for in the final regulations based on what was proposed in January. federalregister.gov/documents/2020… The first group of major changes would reduce the number of projects subject to NEPA review and the narrow the scope of the effects and alternatives to be considered during the review process.

The NEPA proposal is up: whitehouse.gov/wp-content/upl…

I am going to start reading now. I'll share some thoughts in a thread as I go through it this afternoon! CEQ proposes a change to the policy section, changing "Federal agencies shall to the fullest extent possible..." to "Federal agencies should to the fullest extent reasonable..." noting the need for agencies to have "discretion" and "flexibility" (p. 46).

This morning, the D.C. Circuit dismissed California, et al. v. EPA, a case challenging EPA's determination that the Obama-era #cleancars standards were no longer appropriate. For background on the case, see my blog: eelp.law.harvard.edu/wp-content/upl… This case was interesting because the mid-term evaluation and final determination were unique features of the "National Program" created in 2012 to harmonize California and federal standards into one package of CAFE and GHG standards that extended out to 2025.

Reading through the Proposed Affordable Clean Energy Rule. My very early thoughts on the proposal: it is on shaky legal ground and it relies on an outdated understanding of our power system coupled with a depressing lack of ambition to reduce emissions (thread) /1 The legal support for EPA's interpretation that Section 111(d) of the Clean Air Act only allows it to regulate individual power plants comes from a Senate Committee Report from 1970. /2