Federal: Highway, transit and rail agencies finalize new environmental review rules, in force September 1, 2026
The Federal Highway, Transit and Railroad administrations made their post-CEQ review rules final on September 1, 2026. They govern highway, transit and rail projects in all four states. Exclusion cost thresholds rise to $6 million and $35 million.
This is a federal rule that applies to every highway, transit and passenger rail project in New Jersey, New York, Connecticut and Pennsylvania that has federal funding or approval from the Federal Highway Administration, the Federal Railroad Administration or the Federal Transit Administration. On September 1, 2026 the three agencies published National Environmental Policy Act Regulations, 91 Fed. Reg. 56029 (Docket No. FHWA-2025-0007), effective the same day. It finalizes, with minor changes, the interim final rule of July 3, 2025 (90 Fed. Reg. 29426) that revised 23 C.F.R. Part 771, together with their parallel provisions at 49 C.F.R. Parts 264 and 622.
91 Fed. Reg. 56029 (Sept. 1, 2026) (23 C.F.R. Part 771; 49 C.F.R. Parts 264, 622); Docket No. FHWA-2025-0007; 91 Fed. Reg. 618 (Jan. 8, 2026)