This Week in Permitting Tech April 6, 2026: Three Agencies Rewrite NEPA in One Week
Three federal agencies rewrote their NEPA rules in the same week. The post-CEQ era is arriving faster than most people expected.
Three agencies, three approaches to the post-CEQ NEPA landscape
With CEQ's NEPA implementing regulations rescinded since January, agencies are now writing their own rules. This week, three moved at once.
The Surface Transportation Board published a proposed rule on March 25 that would cut its prefiling notice period from six months to 45 days, expand categorical exclusions, and implement congressionally mandated page limits. Comments are due April 24. USDA adopted a final rule effective April 3 that consolidates seven agency-specific NEPA regulations into a single departmental framework, cutting the regulatory text by 66%. And the NRC published a final rule (effective April 29) adding five new categorical exclusion categories, estimating it will save 1,030 staff hours per year.
Each agency took a different path. STB is rewriting formal regulations. USDA consolidated sub-agency rules into one. NRC reorganized and expanded CEs. If you're building technology that needs to understand "what the rules are" across agencies, the fragmentation just got real.
Federal Register (STB) · Federal Register (USDA) · Federal Register (NRC)
First data center project gains FAST-41 coverage
The Permitting Council announced on April 2 that QTS Richmond Technology Park Data Center 5 became the first data center ever to receive FAST-41 coverage. The project is seeking USACE authorization near Richmond, Virginia.
FAST-41 was designed for energy and transportation. Data centers are now in the pipeline. That's a meaningful expansion of what "critical infrastructure" means in the permitting coordination framework.
Permitting Council Press Release
21 state environmental agencies report on AI adoption
The Environmental Council of the States published a Green Report compiling data from 21 state agencies on AI preparedness. The findings are modest: states are primarily testing small-scale tools for internal efficiency, with some public-facing chatbots for permitting and grants. Tools for wetland identification, water leak detection, and flooding risk are in deployment.
The states showing the most progress invested in data accessibility and staff training before deploying AI tools. The states that skipped those steps are struggling. That pattern keeps repeating.
San Francisco launches PermitSF portal
San Francisco's PermitSF portal launched in February with five permit types and is expanding in April to cover additional Fire Department approvals. The portal was built in four months using OpenGov and accepts online payments. Mayor Lurie's initiative to centralize the city's notoriously complicated permit system is being closely watched as a case study in fast municipal deployment.
GSA's draft AI procurement clause draws industry pushback
GSA's draft clause GSAR 552.239-7001 drew sharp opposition before its April 3 comment deadline. The clause requires "American AI Systems" preference, grants the government broad data ownership and use rights, imposes 72-hour security incident reporting, and extends obligations to subcontractors. Trade groups warned it could diminish contractors' IP rights and create False Claims Act liability risk.
If you're an AI vendor selling to federal agencies, this clause is worth reading carefully. The comment period closed, but the final rule will shape how agencies buy AI tools for everything including environmental review.
Anthropic federal ban temporarily blocked
A federal judge in San Francisco issued a preliminary injunction on March 26 blocking the Trump administration's ban on Anthropic products across federal agencies. GSA restored Anthropic technology to pre-ban status on April 3. The DOJ has appealed.
Whatever you think of the underlying dispute, the uncertainty is real. Agencies making AI procurement decisions right now are navigating conflicting court orders, and that affects timelines for everyone in the federal AI space.
Permitting Tech is an independent news site covering investment, products, and policy in permitting technology. Written by Boon Sheridan.
