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Carbon Quarterly – Volume 9

Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

Debt Ceiling Legislation Serves as a Vehicle for Substantive Changes to NEPA

The compromise reached in the Fiscal Responsibility Act increases the U.S. debt ceiling in exchange for discretionary spending limits and reform to several existing legislative schemes, including National Environmental Policy...more

6/6/2023  /  CEQ , Federal Funding , NEPA , Public Policy

Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

NEPA: The Old Becomes New

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more

D.C. Circuit Affirms That Offshore Wind Lease Does Not Trigger NEPA Review

The Bureau of Ocean Energy Management (BOEM) does not need to conduct full environmental reviews under the National Environmental Policy Act (NEPA) when granting an offshore wind farm lease, the D.C. Circuit Court of Appeals...more

NOAA Identifies the First Two Aquaculture Opportunity Areas to Facilitate Expansion of Aquaculture in Federal Waters

The National Oceanic and Atmospheric Administration (NOAA) announced that it has identified the first two regions where Aquaculture Opportunity Areas (AOAs) will be located in federal waters off Southern California and in the...more

A New Normal? Trump Administration Retooling of Core NEPA Elements

INTRODUCTION - On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to the regulations that implement the National Environmental Policy Act’s...more

COVID-19: President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

The Trump administration issued two executive orders (EOs) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and...more

EPA to “Veto” Its Own Veto Authority under the Clean Water Act?

On June 26, 2018, in one of his final acts as Administrator of the U. S. Environmental Protection Agency (“EPA”), Scott Pruitt issued a memorandum that has set in motion a process to amend the regulations that govern the...more

Executive Order Directs Federal Agencies to Reconsider Federal Initiatives Focused on Greenhouse Gas Emissions and Climate Change

President Donald Trump signed an Executive Order on March 28, 2017, entitled “Promoting Energy Independence and Economic Growth” (“Order”), which is designed to prompt reconsideration, and in some cases revocation, of the...more

CEQ Issues Final Greenhouse Gas Guidance Directing Federal Agencies to Consider Climate Change in their NEPA Reviews

On August 2, 2016, the White House Council on Environmental Quality (“CEQ”) published a final version of its guidance to federal agencies requiring the consideration of greenhouse gas (“GHG”) emissions and effects on climate...more

Eagle Take Permit Program Revamped – Longer Permits and Clearer Mitigation Requirements

The United States Fish and Wildlife Service (“USFWS”) recently proposed revisions to its regulations authorizing take of bald and golden eagles. The Bald and Golden Eagle Protection Act (“BGEPA”) imposes criminal and...more

FAST Act Expedites Permitting and Environmental Review for Large Infrastructure Projects

Expedited permitting and environmental review for complex infrastructure projects may soon be a reality. Buried at the end of its most recent transportation reauthorization package (the “FAST Act” or “Act”) is a significant...more

Eagles Back in the Nest: FWS 30-Year Eagle “Take” Rule Vacated Less than Two Years after Implementation

On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

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