U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

By Lucas J. Narducci, Michael C. Ford, and Amanda A. Reeve

On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification, leasing, siting, production, transportation, refining, or generation,” of domestic energy. DOI will utilize the emergency authorities established under the National Environmental Policy Act (NEPA), Endangered Species Act (ESA), and the National Historic Preservation Act (NHPA).

The alternative permitting processes adopted by the DOI for NEPA compliance, ESA §7 consultation process, and NHPA §106 compliance, are designed to reduce these processes to a matter of weeks which usually take several months if not years. Under this emergency permitting process, DOI claims that a NEPA Environmental Assessment, which normally takes up to at least one year, will be reviewed roughly within 14 days; and an Environmental Impact Statement review, normally a two-year or more process, will be reviewed within approximately 28 days.

However, not every project will immediately undergo the emergency permitting process. A project must first meet the eligibility criteria to even request emergency coverage. Upon reviewing the request for emergency coverage and the accompanying application, the DOI will assess the appropriateness for initiating the relevant emergency permitting process before it takes action or denies the request.

It is important to note that the DOI stresses in its Frequently Asked Questions document that a project is not guaranteed approval of emergency coverage just because the project meets the eligibility criteria. Additionally, the DOI clarifies that these emergency procedures are not limited to new applications only but are available to eligible projects currently undergoing any of the above reviews.

Finally, it is worth noting that these emergency procedures for ESA, NEPA, or NHPA do not negate the need to obtain permits or ensure compliance with all other applicable federal, state, and local laws and regulations. Additionally, DOI stresses that the emergency procedures do not circumvent the existing laws; and all actions taken by DOI will continue to be done within the boundaries of the laws and regulations for ESA, NEPA, and NHPA.

While these emergency procedures may trim the permitting process for ESA, NEPA, and/or NHPA requirements, the overall permitting process for a project may still have lengthy timeframes. However, every federal agency is working to streamline its permitting procedures to the greatest extent possible within the applicable laws. The combined efforts by the agencies involved with a single project may help expedite the overall permitting process extensively; but only time will tell.