NASA’s NEPA Regulations

National Environmental Policy Act (NEPA) at NASA

Council on Environmental Quality (CEQ)

The White House Council on Environmental Quality (CEQ) was established by The National Environmental Policy Act of 1969. Congress updated the NEPA statute through the Fiscal Responsibility Act (FRA) of 2023. A summary of the changes are provided on the CEQ website.

NASA NEPA Regulations and Policies 

NASA promulgated Agency-specific NEPA regulations in the 1980s and updated them in April 2024 to better support NASA’s mission, operations and unique infrastructure: 14 CFR 1216.3 – Procedures for Implementing the National Environmental Policy Act (NEPA). NASA’s NEPA Rule had previously been updated in 2012. In 2017, CEQ supported NASA’s need to update the rule, thereby initiating the agency’s review and update of its NEPA regulation. Since 2017, several CEQ and congressional actions occurred that affected the timeline and content of NASA’s NEPA Rule review and revisions.

• On January 20, 2025, President Trump issued Executive Order (EO) 14154, “Unleashing American Energy.” In part, the EO directs CEQ to provide Federal agency guidance on implementing the NEPA statute only (42 U.S.C. 4321 et seq) to expedite and simplify the permitting process.
• The EO also directs CEQ to propose rescinding its NEPA regulations (40 CFR 1500-1508), based on the recent court ruling that CEQ lacks authority to issue judicially enforceable regulations under NEPA.
• In response, on February 2^nd, CEQ published in the Federal Register an interim final rule to remove its NEPA regulations. The interim rule is effective March 19, 2025.
• On February 19, 2025, CEQ issued its new NEPA guidance, available here: https://ceq.doe.gov/docs/ceq-regulations-and-guidance/CEQ-Memo-Implementation-of-NEPA-02.19.2025.pdf.
• CEQ’s new guidance recommends agencies rely on their current NEPA implementing regulations (e.g., NASA’s current NEPA regulations 14 CFR 1216.3) until their updated regulations are completed.
• CEQ’s new guidance also encourages agencies to use CEQ’s 2020 NEPA final rule as an initial framework for developing revisions to their respective NEPA regulations. The CEQ’s Desk Reference for implementing the 2020 NEPA rule is available here:
  https://trumpwhitehouse.archives.gov/wp-content/uploads/2020/01/nepa-implementing-regulations-desk-reference-2020-1.pdf.
• CEQ requested agencies complete their NEPA regulation revisions by February 19, 2026. NASA is actively working on revising its NEPA regulations to meet that deadline.