Press Release: NEPA rule sidesteps Congress and public input

The executive office responsible for coordinating federal environmental efforts’ new rule undermines decades of standardized guidance on assessing the environmental impact of federal projects. The Wildlife Society is concerned about maintaining a consistent, fair and transparent process and what this change means for the separation of powers moving forward. 

On Jan. 8, 2026, the Council on Environmental Quality (CEQ) issued a final rule titled “Removal of National Environmental Policy Act Implementing Regulations,” eliminating long-standing federal regulations that help agencies comply with the National Environmental Policy Act (NEPA), the law that requires environmental impact studies and public input to be taken into account before major federal projects. By changing the legal framework of NEPA compliance without clear permission from Congress to issue rules, the CEQ has sidestepped a power reserved for Congress. 

In response, Cameron Kovach, Chief Program Officer and environmental law expert, said:

“The Wildlife Society believes the agency has no authority to rescind NEPA rules. The CEQ should have waited for Congress to provide a legislative solution before finalizing a rule that amounts to NEPA reform. Through this decision, they have encroached upon constitutional powers reserved for the judiciary and Congress, sidestepped public opinion and introduced uncertainty into a process that has helped ensure transparency and informed decision-making by federal agencies.The final rule makes NEPA guidelines susceptible to shifting agency priorities, increasing the likelihood of frequent changes that complicate federal decision-making and public engagement.

In TWS’s comments to the CEQ, we urged them to withdraw this interim final rule and “seek clarity from Congress regarding the long-held interpretation of NEPA and CEQ rulemaking authority.” 

The final rule did not fully address concerns that TWS and other commenters raised, and where justification was provided, it was insufficient. TWS is not opposed to changes to NEPA when such changes occur through transparent, deliberative processes that preserve public participation and respect constitutional roles. 

Federal law is intended to give the public a meaningful chance to weigh in before decisions are made final, which the CEQ did not do. The public comment period for CEQ’s interim rule closed in March 2025. In May 2025, the U.S. Supreme Court issued its decision in Seven County Infrastructure Coalition v. Eagle County, Colorado. CEQ then finalized the rule on Jan. 8, 2026, citing that decision as justification. Because the court ruling was issued after the comment period had closed, the public had no opportunity to review or respond to how CEQ relied on the court decision in finalizing the rule. 

Furthermore, the court cases CEQ cites did not eliminate the office’s existing NEPA rules. Saying CEQ lacks rulemaking authority does not erase regulations that are already in place; only Congress or a court can do that. By finalizing these changes in the absence of clarity from Congress, the CEQ is creating uncertainty and confusion in a framework that has guided federal environmental review for decades.”