Defenders Statement on Biden Administration’s Final Phase II NEPA Regulations

Defenders of Wildlife applauds the Biden administration for finalizing its Phase II National Environmental Policy Act (NEPA) regulations, released today. The regulations are a significant step forward in positioning the nation to address the ongoing climate change and biodiversity crises and in doing so ensure full consideration of environmental justice. 

While not a complete reversal of the previous administration’s efforts to dismantle NEPA, President Biden’s updated regulations restore critical analytical requirements and include necessary advances that:    

•    Require federal agencies conducting NEPA analyses to consider and disclose the climate impacts of their permits and projects.
•    Restore the requirement to consider impacts on Endangered Species Act-listed species and designated critical habitats.
•    Establish new requirements for agencies to analyze impacts to listed species’ habitat that is not designated as critical.

Defenders also celebrates the updated regulations’ explicit definition of environmental justice and the requirement to consider environmental justice impacts throughout the NEPA process and strengthen public engagement.

 “Our nation’s ability to respond to the pressures of the biodiversity and climate crises has certainly leveled up. We thank the Biden administration for making commonsense updates to protect people and wildlife alike. The robust implementation of landmark environmental laws like the National Environmental Policy Act deserves our full support,” said Jane Davenport, senior attorney for Defenders of Wildlife.