Guidance on Emergencies and National Environmental Policy Act

FR: Council on Environmental Quality

Published January 27th, 2026

Detected March 14th, 2026

Summary

The Council on Environmental Quality has issued guidance concerning emergencies and the National Environmental Policy Act (NEPA). This notice provides clarification on NEPA compliance during emergency situations. The guidance was issued on January 21, 2026, and published on January 27, 2026.

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What changed

The Council on Environmental Quality (CEQ) has published a notice providing guidance on the application of the National Environmental Policy Act (NEPA) during emergencies. This document clarifies how NEPA requirements are to be addressed when federal agencies respond to or manage emergency situations, aiming to streamline processes while maintaining environmental considerations. The guidance was issued on January 21, 2026, and published in the Federal Register on January 27, 2026.

This guidance is primarily for federal agencies and aims to assist them in navigating NEPA requirements during emergencies. While it is non-binding, it offers a framework for compliance and should be reviewed by legal and compliance departments within agencies that manage or respond to emergencies. No specific compliance deadline is mentioned, as the guidance is intended to inform ongoing agency practices.

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Notice

Emergencies and the National Environmental Policy Act Guidance

A Notice by the Council on Environmental Quality on 01/27/2026

Document Details Published Content - Document Details Agency Council on Environmental Quality Document Citation 91 FR 3446 Document Number 2026-01555 Document Type Notice Page 3446
(1 page) Publication Date 01/27/2026 Published Content - Document Details
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Document Details Published Content - Document Details Agency Council on Environmental Quality Document Citation 91 FR 3446 Document Number 2026-01555 Document Type Notice Page 3446
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Document Dates Published Content - Document Dates Dates Text This guidance was issued on January 21, 2026. Published Content - Document Dates
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Council on Environmental Quality

AGENCY:

Council on Environmental Quality.

ACTION:

Notice of availability.

SUMMARY:

On January 21, 2026, the Council on Environmental Quality (CEQ) issued guidance in a memorandum to the heads of Federal departments and agencies (agencies) to assist agencies with their compliance with the National Environmental Policy Act (NEPA) during emergencies.

DATES:

This guidance was issued on January 21, 2026.

FOR FURTHER INFORMATION CONTACT:

Jomar Maldonado, Director for NEPA, 202-395-5750, Jomar.MaldonadoVazquez@ceq.eop.gov. The guidance is available for viewing online at www.nepa.gov.

SUPPLEMENTARY INFORMATION:

On January 21, 2026, CEQ issued a memorandum entitled Guidance on Emergencies and the National Environmental Policy Act, which rescinds and replaces CEQ's Memorandum for Heads of Departments and Agencies, Emergencies and NEPA Guidance (89 FR 106448 (Dec. 30, 2024)).

This guidance addresses development of alternative arrangements during emergencies when an agency's action is likely to have significant effects and would require preparation of an environmental impact statement. This guidance also addresses compliance with NEPA when the action is unlikely to have significant effects and might require preparation of an environmental assessment or application of a categorical exclusion.

CEQ has developed this guidance based on its extensive experience assisting agencies in implementing NEPA during emergency situations and, more specifically, in helping agencies develop alternative arrangements for compliance with Section 102(2)(C) of NEPA (42 U.S.C. 4332(2)(C)) during these exigent situations. CEQ also has substantial experience, pursuant to Section 102(2)(B) of NEPA (42 U.S.C. 4332(2)(B)), in consulting with agencies on development of agency NEPA procedures, including development of emergency procedures. CEQ has approved and agencies have successfully applied numerous alternative arrangements to comply with Section 102(2)(C) of NEPA when authorizing, funding, or carrying out a wide range of proposed actions in emergency circumstances, including natural disasters, catastrophic wildfires, threats to species and their habitat, economic crises, infectious disease outbreaks, potential dam failures, insect infestations, and emergencies declared by the President. Alternative arrangements do not waive the requirement to comply with the NEPA statute. Rather, they establish an alternative means for an agency to meet its NEPA obligations.

The contents of the guidance do not have the force and effect of law and are not meant to create legal rights or obligations to any public party. The guidance does not establish new policy requirements. The guidance is intended only to provide clarity to the agencies regarding existing requirements under the law or agency policies.

The updated guidance is available at www.nepa.gov.

Katherine R. Scarlett,

Chairman.

[FR Doc. 2026-01555 Filed 1-26-26; 8:45 am]

BILLING CODE 3325-FC-P

Published Document: 2026-01555 (91 FR 3446)