News & Analysis as of

Climate Change Environmental Review

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

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This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

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Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Verrill

Unveiling the ResilientMass Plan

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On Tuesday, November 28, 2023, Massachusetts released an updated version of the State Hazard Mitigation and Climate Adoption Plan, the “ResilientMass Plan.”...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Cadwalader, Wickersham & Taft LLP

Montana Court Finds State Energy Policy Unconstitutional

As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

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On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

Jones Day

Fourth Circuit Denies Appeal of Trump-Era Changes to NEPA; CEQ Issues Interim Guidance on Analyzing Climate Change Effects in...

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In December 2022, the United States Court of Appeals for the Fourth Circuit denied an appeal by environmental groups to revive their challenge to the 2020 amendments to the Council on Environmental Quality's ("CEQ") National...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

Downey Brand LLP

Third District Invalidates Water Bottling Facility EIR for Overly Narrow Project Objectives and Failure to Recirculate

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On April 20, 2022, the Third District Court of Appeal filed its opinion in We Advocate Through Environmental Review v. County of Siskiyou (2022) 78 Cal.App.5th 683, reversing the trial court’s judgment upholding the County’s...more

Farella Braun + Martel LLP

[Webinar] How New Climate Change CEQA Thresholds Will Impact Bay Area Development Projects - September 22nd, 10:00 am - 11:00 am...

On April 20, 2022, the Bay Area Air Quality Management District (BAAQMD) adopted, updated – and significantly changed – thresholds of significance under the California Environmental Quality Act (CEQA) for determining when a...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #3

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EPA sets stringent standards for PFAS in drinking water Bullet E&E News - June 15 The U.S. Environmental Protection Agency (EPA) on June 15 announced new drinking water “health advisories” for four per- and polyfluoroalkyl...more

Allen Matkins

California Environmental Law & Policy Update - June 2022 #2

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Ninth Circuit blocks permits for hydraulic fracturing off California coast Bullet Los Angeles Times - June 3 The U.S. Ninth Circuit Court of Appeals last Friday blocked hydraulic fracturing, commonly known as fracking, off...more

Goldberg Segalla

Colorado Drilling Project Stopped in its [F]racks!

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On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

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On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

K&L Gates LLP

NEPA: The Old Becomes New

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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

Downey Brand LLP

$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects

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On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more

Morgan Lewis - Up & Atom

NRC Issues License Renewal GEIS Update Scoping Summary Report

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Nossaman LLP

[Webinar] The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics? - April 15th, 11:00 am -...

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The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more

Allen Matkins

Renewable Energy Update - February 2021 #3

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Biden scraps Trump proposal to weaken environmental rules to build renewables in California - U.S. News & World Report – February 17 - The Biden administration said it would scrap a Trump-era proposal to weaken...more

Allen Matkins

Sustainable Development and Land Use Update - December 2020 #2

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Green buildings 'unheralded hero' in emissions fight, experts say - Bullet Smart Cities Dive – December 10 - President-elect Joe Biden's plan to upgrade the buildings sector and make it more energy efficient could be...more

King & Spalding

NEPA Modernization Promises Significant Change

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Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Stoel Rives LLP

National Environmental Policy Act Alert: CEQ Proposes Rulemaking to Facilitate Infrastructure Development by Radically Overhauling...

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On January 9, 2020, the Council on Environmental Quality (“CEQ”) proposed major changes to National Environmental Policy Act (“NEPA”) regulations originally issued more than four decades ago. The proposed rulemaking aims to...more

Farella Braun + Martel LLP

Changing Climate, Changing Laws: Addressing New Wildfire Risk Requirements in Project Development

In this op-ed for pv magazine, David Lazerwitz and Linda Sobczynski of Farella Braun + Martel examine the levels of precaution necessary to ensure fire risk mitigation in project development. Originally published in...more

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