USDA Final Rule Adopting Interim Revisions to NEPA Implementing Regulations

The U.S. Department of Agriculture (USDA) is finalizing its July 3, 2025, interim final rule (IFR) that revises departmental NEPA regulations in 7 CFR Part 1b and rescinds seven agency-specific NEPA rules. This action follows the Council on Environmental Quality's (CEQ) rescission of its NEPA regulations on April 11, 2025, per Executive Order 14154, amendments to NEPA via the Fiscal Responsibility Act of 2023, and a 2025 Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County emphasizing NEPA as a procedural tool. The rule ensures USDA agencies have clear standards to avoid project delays amid legal uncertainty. USDA justified the IFR without prior notice-and-comment under APA exceptions for procedural/interpretive rules and good cause due to the regulatory vacuum post-CEQ rescission, which risked halting projects and causing economic harm. A voluntary 30-day comment period ending August 4, 2025, received ~6,075 submissions (mostly form letters), which USDA addressed while maintaining the exceptions applied. Minor substantive changes and clarifications improve efficiency and align with other agencies. Effective April 3, 2026, the rule reaffirms NEPA's role in decision-making but streamlines processes, incorporating court-mandated deference to agency conclusions and statutory details on timelines like 1-year EIS deadlines. It removes outdated supplements to CEQ rules, adds new departmental provisions, and eliminates agency-specific regs for uniformity.

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