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Final Rules National Environmental Policy Act

Husch Blackwell LLP

FERC Approves New Final Rule for Permit to Site Interstate Electric Transmission Facilities

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At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more

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 – 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

Goldberg Segalla

Anticipating Significant Slowdowns in Public Projects, Twenty States Sue to Block Regulatory Changes to National Environmental...

Goldberg Segalla on

As part of the Fiscal Responsibility Act (the latest debt ceiling bill), Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since its enactment in 1970. The Council on Environmental...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

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

National Environmental Policy Act/Phase II Final Rule: Arkansas and 19 Attorneys General File Judicial Challenge

Twenty Attorneys General (including Arkansas) filed a judicial challenge on May 21st in the United States District Court for the District of North Dakota to the Council on Environmental Quality (“CEQ”) rule styled: ...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

Bracewell LLP

Order No. 1977: FERC Siting Permits for Interstate Electric Transmission Facilities - FERC Finalizes Backstop Transmission Siting...

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On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or Commission) issued a final rule amending its regulations governing FERC’s review of applications for transmission siting permits pursuant to section 216 of...more

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more

Goldberg Segalla

New NEPA Rule Eases Permitting Process while Advancing Environmental Justice

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On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – A Deeper Dive, Part 1

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On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more

Venable LLP

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

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Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

Perkins Coie

CEQ Finalizes NEPA Phase Two Rulemaking

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The Council on Environmental Quality (CEQ) finalized its Phase Two revisions to its National Environmental Policy Act (NEPA) implementing regulations on April 30, 2024, following an effort initiated in 2021 to “revise,...more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Pierce Atwood LLP

CEQ Finalizes Substantial Revisions to NEPA

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The White House Council on Environmental Quality (CEQ) today published its final rule to implement “Phase 2” of its National Environmental Policy Act (NEPA) regulation amendments. This is CEQ’s final step to unwind many of...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — May 2024

The US Department of Energy (DOE) recently finalized a rule to significantly reduce on-site fossil fuel–generated energy consumption in federal buildings with a required reduction of 90% for new construction or major...more

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

Concentrated Animal Feeding Operations/National Environmental Policy Act: Federal Court Addresses Challenge to Farm Service Agency...

A United States District Court (District of Columbia) (“Court”) in a March 4th Opinion addressed the Farm Service Agency’s (“FSA”) compliance with the National Environmental Policy Act (“NEPA”). See Dakota Rural Action, et...more

Holland & Knight LLP

BOEM Transfers Certain Regulatory Authority Over Offshore Wind Development to BSEE

Holland & Knight LLP on

Existing safety and environmental oversight and enforcement regulations governing Outer Continental Shelf (OCS) renewable energy activities were moved from the purview of the Bureau of Ocean Energy Management (BOEM) to that...more

Orrick, Herrington & Sutcliffe LLP

CEQ’s Phase I NEPA Revisions: a Partial Rollback of 2020 Rules

On April 20, 2022, the Council on Environmental Quality (“CEQ”) published a final rule revising the primary regulations implementing the National Environmental Policy Act (“NEPA”). The final rule largely restored provisions...more

Troutman Pepper

Biden Administration Releases “Phase 1” of NEPA Revisions

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On April 20, the Council on Environmental Quality (CEQ) issued a Final Rule, revising certain sections of its regulations implementing the National Environmental Policy Act (NEPA). The Final Rule represents “Phase 1” of the...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

Akin Gump Strauss Hauer & Feld LLP

Earth Week Recap and Climate Policy Update

Last Friday as the United States celebrated Earth Day, President Biden released a proclamation and signed a new executive order to strengthen domestic and international forest protection commitments...more

Foley Hoag LLP - Environmental Law

CEQ Finalizes Phase I NEPA Regulations: Undoing Trump’s Regulations Is One Thing; Modernizing NEPA Is Another

Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations.  The final rule largely implements the proposed rule, though with some minor changes.  Since the final rule...more

Venable LLP

CEQ Finalizes Phase I NEPA Regulations, Rescinding Key Portions of 2020 Amendments; Phase II Still to Come

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On April 20, 2022, the Council on Environmental Quality (CEQ) published a final rule revising its National Environmental Policy Act (NEPA) regulations. This rule (the "Phase 1 Rule") originates from two executive orders (E.O....more

Pillsbury Winthrop Shaw Pittman LLP

The Return of the Congressional Review Act

Little used before the Trump administration and with limited time to act, what regulations will the Biden administration target with the CRA? Democrats can use the Congressional Review Act to overturn regulations passed in...more

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