Proposed rule · 2026-05791

Permitting Reform-Environmental Review Process

The Surface Transportation Board (Board) proposes to clarify, update, and streamline its existing environmental regulations implementing the National Environmental Policy Act (NEPA) and to add delegations of authority related to environmental review. The Board is taking this action to conform its regulations to current practices and changes in the law and to support government-wide consistency in the NEPA process to the extent practicable and in accordance with Board authorities. Among those changes are the Council on Environmental Quality's (CEQ) rescission of its NEPA implementing regulations, the 2023 and 2025 amendments to NEPA, changes to other relevant statutes, executive orders, and case law relating to the implementation of NEPA, including recent U.S. Supreme Court precedent. These revisions will also ensure the development and continuance of a sound rail transportation system and reduce regulatory barriers to entry into and exit from the rail industry. The Board asks for comments on the proposed changes.