On April 23, 2025, the Department of the Interior announced it will “accelerate” permitting procedures for energy projects by fast-tracking reviews under the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and National Historic Preservation Act (NHPA). “Accelerate” is an understatement, because the Department will compress reviews that otherwise may take years into a few weeks or months. The Department cited President Trump’s declaration of a national energy emergency as justification for the accelerated procedures.
What projects are eligible for these accelerated procedures?
Authorizing bureaus within the Department of the Interior may use the accelerated procedures for projects that will identify, lease, site, produce, transport, refine, or generate the following resources: domestic crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, uranium, coal, biofuels, geothermal heat, the kinetic movement of flowing water, and critical minerals, as defined by 30 U.S.C. § 1606(a)(3).
Project proponents must request in writing that the authorizing bureau use the accelerated procedures for each statute and, further, may be required to agree to certain conditions.
What do the accelerated NEPA procedures involve?
Expedited environmental assessments. For projects that likely will not have significant environmental impacts, the authorizing bureau must issue an environmental assessment (EA), finding of no significant impact (FONSI), and decision record within 14 days of submission of a complete application.
Expedited environmental impact statements. For projects that likely will have significant environmental impacts, the authorizing bureau must prepare an environmental impact statement (EIS) within 28 days of publishing a notice of intent. The accelerated procedures do not, however, mandate a timeline in which the authorizing bureau must publish the notice of intent after receiving a request to use accelerated procedures.
The notice of intent must be published on a public website, rather than in the Federal Register. The notice of intent must solicit comments and announce a virtual or in-person public meeting. Most comment periods should be approximately 10 days.
Within 28 days of the notice of intent, the authorizing bureau must publish a final EIS and submit it to the Environmental Protection Agency. No draft EIS is required, and the bureau will not solicit public comment on the EIS once published. The accelerated procedures do not specify a deadline for the authorizing bureau to issue a record of decision.
No expedited procedures for other forms of NEPA compliance. The Department does not provide any expedited procedures for the use of categorical exclusions or Determinations of NEPA Adequacy.
Process to request accelerated procedures. Only projects for which a plan of operations, application for permit to drill, or other application has been submitted are eligible for the accelerated procedures. A project proponent must submit a written request that the authorizing bureau use the accelerated procedures to comply with NEPA, on a form attached to the emergency procedures. The proponent must attach its plan of operations or application to the written request.
Proponent commitments. With its request for accelerated procedures, the proponent must agree to (1) operate in accordance with the approved application; (2) take measures to mitigate reasonably foreseeable significant adverse effects on the quality of the human environment; and (3) abide by applicable federal, state, and local environmental laws. Notably, with respect to No. 2, the accelerated procedures suggest, but do not state, that the project proponent rather than the authorizing bureau identifies appropriate mitigation measures.
What do the accelerated ESA procedures involve?
Deferred section 7 compliance. Section 7 of the ESA requires federal agencies to consult with the U.S. Fish and Wildlife Service (FWS) to ensure that federal actions are not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of their critical habitat. The accelerated procedures require the authorizing bureau to, first, inform FWS about the proposed action and decision to use the alternative consultation procedures and, then, to “coordinate” with FWS. The authorizing bureau may then proceed to approve the proposed action.
Once the national emergency has terminated, the authorizing bureau must initiate section 7 consultation with the FWS. FWS must deliver either a biological opinion or letter of concurrence to the authorizing bureau, as appropriate, in accordance with the timeframes set forth in the ESA section 7 implementing regulations at 50 C.F.R. part 402.
Process to request accelerated procedures. Only projects for which a plan of operations, application for permit to drill, or other application has been submitted are eligible for the accelerated procedures. A project proponent must submit a written request that the authorizing bureau use the accelerated procedures to satisfy its Section 7 obligations, on a form attached to the emergency procedures. The proponent must attach its application to the request. Unlike a request to use accelerated NEPA procedures, a request to use accelerated ESA procedures does not require any applicant committed measures.
What do the accelerated NHPA procedures involve?
Expedited section 106 consultation. Section 106 of the NHPA requires federal agencies to consider the effects of their actions on historic properties. Regulations at 36 C.F.R. part 800 set forth a detailed process for agencies to comply with section 106. The accelerated NHPA procedures allow authorizing bureaus to bypass these procedures.
To use accelerated procedures, the authorizing bureau must notify the Advisory Council on Historic Preservation, the relevant State Historic Preservation Officer (SHPO), any relevant Tribal Historic Preservation Officer(s), and interested Tribes of the specific energy project for which the bureau intends to use the accelerated procedures. The authorizing bureau must invite their comments within seven days of the notice.
Notably, if a Bureau of Land Management (BLM) programmatic agreement (PA) or state protocol contains specific emergency procedures, BLM must follow those procedures. BLM has entered into state protocols or PAs with state SHPOs in most western states.
Process to request accelerated procedures. Only projects for which a plan of operations, application for permit to drill, or other application has been submitted are eligible for the accelerated procedures. A project proponent must submit a written request that the authorizing bureau use the accelerated procedures to comply with the NHPA, on a form attached to the emergency procedures. The proponent must attach its application to the request.
Proponent commitments. With its request for accelerated procedures, the proponent must agree to implement “to the extent prudent and feasible” measures that avoid or minimize harm to historic properties. The accelerated procedures suggest, but do not state, that project proponent rather than the authorizing bureau identifies the appropriate avoidance and minimization measures.
What should project proponents expect from these accelerated procedures?
These accelerated procedures are bold and untested interpretations of NEPA, the ESA, and the NHPA, as well as the President’s emergency powers. These procedures will be a lightning rod for litigation, inviting challenges to both the procedures themselves and any projects that they authorize. Therefore, project proponents should think critically about whether and when to use these accelerated procedures.
If you have any questions, please contact Kathleen C. Schroder, Randy Hubbard, Almira Moronne, or Lindsay Dofelmier.
