Surface Transportation Board: NEPA Environmental Review Permitting Reform

The Surface Transportation Board (STB) is proposing to overhaul its environmental review regulations that implement the National Environmental Policy Act (NEPA), aiming to align them with recent statutory changes, executive orders, and court rulings — including 2023 and 2025 amendments to NEPA and the U.S. Supreme Court's latest precedent. A key trigger is the Council on Environmental Quality's (CEQ) formal rescission of its longstanding NEPA implementing regulations, which had served as the federal government's primary NEPA guidance framework. The proposed rule seeks to streamline the permitting process for rail infrastructure projects by reducing redundant procedural steps and clarifying delegation of environmental review authority within the Board. This is intended to lower regulatory barriers for companies seeking to enter or exit the rail industry, supporting a more competitive and dynamic rail transportation market. The STB is also working to harmonize its NEPA procedures with government-wide consistency standards to the extent its statutory authority allows. This includes updating definitions, review timelines, and documentation requirements to reflect current agency practice and legal interpretations developed since the existing rules were last updated. The rule is currently in the proposed stage, and the STB is actively soliciting public comments on the proposed changes before finalizing them.

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