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Environmental Impact Report (EIR) Infrastructure

Troutman Pepper

D.C. Circuit Finds FERC Failed to Adequately Consider GHG Emissions of LNG Project

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On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more

Mintz

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Streamlining NEPA Review

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This is the third in a series of six eAlerts on 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 Final Rule...more

Nossaman LLP

DWR Certifies EIR for Delta Conveyance Project – Advancing Controversial Project and Setting Up Likely Legal Showdown

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After releasing the final environmental report (EIR) for the Delta Conveyance Project on December 8, the Department of Water Resources (DWR) certified it on December 21, 2023. The certification of the final EIR is a...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

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On Wednesday, May 17, 2023, the federal District Court for the District of Massachusetts granted summary judgment in favor of the United States Bureau of Ocean Energy Management (“BOEM”) and Vineyard Wind, and denied summary...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Building United States Infrastructure Through Limited Delays/Efficient Reviews Act of 2023: U.S. Committee on Natural Resources...

The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more

Nossaman LLP

Army Corps Releases Draft EIS on Delta Conveyance Project

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On December 19, 2022, the U.S. Army Corps of Engineers (Army Corps), Sacramento District released its Draft Environmental Impact Statement (EIS) for the Delta Conveyance Project. The Army Corps is the federal agency tasked...more

Manatt, Phelps & Phillips, LLP

CEQA to Project Proponents: ‘Why Can’t You Do Solar?’

What Happened - A mammoth case out of Lake Tahoe affirms a new environmental review obligation for project proponents: Why can’t you do solar? Upending what traditionally was a relatively straightforward analysis regarding...more

Foley Hoag LLP - Environmental Law

The Test For Injunctive Relief Was Not Developed By a Risk Assessor

Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more

Hogan Lovells

NRC Seeking Comment on NEPA Categorical Exclusions

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Last week the Nuclear Regulatory Commission (NRC) published an advance notice of proposed rulemaking and request for comment on categorical exclusions under the National Environmental Policy Act (NEPA). NEPA requires that...more

Nossaman LLP

Podcast: CEQA Streamlining for Transportation Projects

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The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more

Nossaman LLP

California Files Challenge to Federal Decisions Governing Operation of California Water Projects

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The State of California recently sent a 60-day notice of intent to sue to the Secretaries of Commerce and the Interior and concurrently filed a lawsuit in the U.S. District Court for the Northern District of California...more

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

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The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

Hogan Lovells

CEQ's NEPA regulatory overhaul: highlights and predictions

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The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Pillsbury Winthrop Shaw Pittman LLP

Proposed NEPA Regulations Would Streamline Analysis and Eliminate Cumulative Impacts

The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more

Nossaman LLP

Will Long-Awaited Changes to NEPA Materially Alter Federal Environmental Reviews?

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On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations.  The Proposed Rule would represent the first significant overhaul of...more

Ballard Spahr LLP

Feds Propose Overhaul of Environmental Reviews for Controversial Projects

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The Trump Administration is proposing significant revisions to the implementing regulations of the National Environmental Policy Act of 1969 (NEPA) in an overhaul effort that the Administration is touting as a “modernization”...more

Pierce Atwood LLP

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

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The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

Nossaman LLP

Trump Administration Releases Proposed Revisions to Environmental Review Regulations 

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Yesterday, the Trump Administration announced its long-awaited release of updates to National Environmental Policy Act (NEPA) implementation regulations (Regulations)....more

Bilzin Sumberg

White House to Ease Environmental Permits with Proposed Revisions to NEPA

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On January 9, 2020, the White House issued a proposal to substantially revise the National Environmental Policy Act (“NEPA”). The proposed changes, the most significant to NEPA in more than four decades, could result in a...more

Hogan Lovells

NRC Considers GEIS for Advanced Reactors – Your Input Needed!

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The Nuclear Regulatory Commission (NRC) held two public meetings on November 15th and 20th to solicit feedback as to whether to compile a Generic Environmental Impact Statement (GEIS) for the construction and operation of...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

Farella Braun + Martel LLP

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

Wildfires pose an increasingly serious threat to the public and environment in California. So it should be no surprise that the Governor’s Office of Planning and Research (OPR) amended Appendix G of California Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act Procedures: U.S. Department of Transportation Announces Two Interim Policies

The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more

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