FERC to Limit Cumulative Effects Analyses

Short summary

FERC's June 2026 order eliminates cumulative effects as a standalone analytical category for environmental impact reviews, instead folding them into contextualized project analysis. The ruling follows CEQ's 2025 rescission of NEPA implementing regulations, shifting to agency-specific guidance. Future disputes will likely center on which nearby activities constitute relevant project context.

• •FERC ruled cumulative effects analysis is not a discrete NEPA requirement
• •Decision aligns with CEQ's 2025 regulatory changes transferring authority to individual agencies
• •Practical line-drawing on contextual relevance remains unsettled and likely to be litigated

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