A 3-step framework for fast‑tracked EIS
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. Energy developers are now feeling the pressure to move quickly without sacrificing compliance.
The risk of confusion is high, especially if impacted federal agencies interpret the EO differently. For example, 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.
An accelerated EIS review is possible
Faced with this new development, many energy developers will be looking for a trusted partner to guide them through a fast-tracked EIS. ICF recently supported the Bull Mountains coal mine to develop the first-ever 28-day EIS to be approved under this accelerated timeline, marking a significant shift in how environmental reviews may be conducted under emergency provisions.
A 3-step framework for fast-tracked EISs
Based on our recent experience, here is a simple 3-step framework to help you prepare for this expedited process:
1. Understand the rules before you start
Developers must navigate uncertain waters as not all agencies may interpret the executive order the same way when it comes to 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.
Engaging the agency early prevents misalignment and costly resets. This is essential to avoid missteps and ensure your project stays on track.
2. Front-load the public engagement process
In accelerated reviews, traditional draft and final EIS public review periods may be skipped. Be proactive with your outreach—particularly during the initial Notice of Intent (NOI)—to protect your project from 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. Treat your EIS like it has to be final on day one
With limited time for revisions in a 28-day timeline, the EIS must be nearly final before submission to the agency for final review. But this doesn’t mean cutting corners. Emphasize both speed and rigor by:
- Completing all baseline studies (e.g., air quality, wildlife, socioeconomics) before submission.
- Clearly defining alternatives and documenting mitigation strategies.
- Using a centralized tracking system to ensure all components are aligned, reviewed, and ready for agency evaluation.
Close coordination with agency staff will allow you to be transparent about what’s feasible within the timeline, and demonstrate your ability to move quickly without cutting corners.
What this means for your next project The regulatory landscape for energy development is shifting fast, and accelerated EIS reviews are quickly becoming a viable—if complex—path forward. As our recent 28-day EIS experience shows, compressed timelines are achievable, but only when developers are prepared to act with precision and discipline from day.
For energy developers, success under this new paradigm hinges on preparation, precision, and proactive engagement. With the right expertise and an experienced partner who knows how to navigate an unprecedented review pace, energy developers can move quickly, stay compliant, and confidently pursue the opportunities created by this evolving regulatory moment.