4 lessons from the first fast-tracked environmental impact statement

In January 2025, the Trump Administration issued an executive order declaring a national energy emergency, directing federal agencies to accelerate the approval of critical energy infrastructure projects. In response, the U.S. Department of the Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) interpreted this directive to allow for a shortened Environmental Impact Statement (EIS) review period of 28 days.

ICF recently supported the Bull Mountains coal mine to develop the first-ever EIS to be approved under this accelerated timeline, marking a significant shift in how environmental reviews may be conducted under emergency provisions.

For energy developers looking to take advantage of this expedited process, here are four key lessons to help you prepare:

1. Understand the agency’s interpretation of the emergency order

Not all agencies interpret the executive order the same way. For example, while OSMRE implemented a 28-day review window, other agencies like the U.S. Army Corps of Engineers and the U.S. Forest Service may adopt different timelines or procedural requirements. Before initiating your EIS, engage early with the lead agency to understand:

• Whether your project qualifies under the emergency order.
• What the agency’s specific timeline and procedural expectations are.
• When the official timeline for the emergency procedure begins.
• This clarity is essential to avoid missteps and ensure your project stays on track.

2. Front-load the public engagement process

In the accelerated EIS, the only public comment period occurred during the initial Notice of Intent (NOI). The traditional draft and final EIS public review periods were skipped to expedite the 28-day EIS. To mitigate legal and reputational risks:

• Conduct robust public outreach during the NOI phase.
• Gather and address stakeholder concerns early.
• Document all engagement efforts thoroughly.

This proactive approach helps build a defensible record and reduces the likelihood of litigation.

3. Build a comprehensive tracking system for EIS components

With limited time for revisions, the EIS must be nearly final before submission to the agency for final review. That means:

• All baseline studies (e.g., air quality, wildlife, socioeconomics) must be complete.
• Alternatives must be clearly defined and evaluated.
• Impact mitigation strategies should be well-documented.
• Completion of an administrative final document.

A centralized tracking system ensures that all components are aligned, reviewed, and ready for agency evaluation.

4. Be ready to move fast, but not recklessly

While the 28-day timeline is aggressive, it doesn’t mean cutting corners. In our case, the project was already at the administrative draft stage when the emergency order was issued. That head start was critical. For future projects:

• Begin preparing your EIS early, even before formal submission.
• Coordinate closely with agency staff to ensure alignment.
• Be transparent about what’s feasible within the timeline.

Leading the way in accelerated EIS approvals

The fast-tracked environmental impact statement requires experience navigating this unprecedented timeline. For energy developers, success under this new paradigm hinges on preparation, precision, and proactive engagement. By prioritizing these lessons, you’ll not only navigate the compressed timeline—you’ll lead the way in a rapidly evolving regulatory landscape.