Council on Environmental Quality Rescinds Trump-Era Rule on Guidance Documents

On Tuesday, April 13, the White House Council on Environmental Quality (CEQ) rescinded a January 8, 2021, Trump administration rule that established guidance document procedures, procedures for the public to request withdrawal or modification of a guidance document, and procedures for significant guidance documents. In accordance with President Joe Biden’s January 20, 2021, Executive Order 13992, “Revocation of Certain Executive Orders Concerning Federal Regulation,” CEQ has determined that the prior rule on guidance documents “deprives CEQ of necessary flexibility in determining when and how best to issue guidance based on particular facts and circumstances.” As a result of this direct final rule, CEQ will resume its practice of making its guidance documents publicly available and will continue to consult with the Office of Management and Budget for review of significant guidance documents before release.

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