DOE NEPA Implementing Procedures (June 2025)

The U.S. Department of Energy (DOE) has prepared new procedures for National Environmental Policy Act (NEPA) implementation, published on the DOE website outside of the Code of Federal Regulations. These new procedures are based on amendments to NEPA made by the Fiscal Responsibility Act in 2023, Executive Orders 14154 and 14301, the rescission by the Council on Environmental Quality (CEQ) of its NEPA implementing regulations, and the recent Supreme Court ruling in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado.

DOE will begin implementing its new NEPA procedures on June 30, 2025. Prior to the effective date of DOE's interim final rule, DOE will implement its new procedures alongside its NEPA procedures in 10 CFR part 1021. If there is a conflict, the requirements in 10 CFR part 1021 will prevail, unless a requirement in 10 CFR part 1021 is inconsistent with NEPA, as amended. In such case, DOE will implement its new NEPA procedures and ensure compliance with NEPA, as amended. Beginning on the effective date of DOE's interim final rule, DOE will rely fully on its new NEPA implementing procedures and the revised version of 10 CFR part 1021 described in this interim final rule. 

For more information, see DOE NEPA Rulemaking (2025).