News & Analysis as of

National Environmental Policy Act

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

D.C. District Court Determines that Dakota Access Environmental Assessment was Inadequate

On June 14, 2017, the District Court for the District of Columbia issued a decision in Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers. The Court found that the Army Corps of Engineers (“the Corps”) had not...more

With Mining Law Segregation on 10 Million Acres to Expire in Three Months, Interior Forms Sage-Grouse Review Team

by Stoel Rives LLP on

Late Wednesday Secretary of the Interior Zinke signed Secretarial Order 3353 establishing a Sage-Grouse Review Team to review the Obama Administration’s 2015 amendments to federal land use management plans. To avoid listing...more

District Court Again Orders FTA To Provide An SEIS for Purple Line Expansion Project

In an interesting decision by the U.S. District Court for the District of Columbia on May 22, the District Court again held that metro-300x200a Supplemental Environmental Impact Statement (SEIS) must be provided by the...more

Trump’s “2 for 1” EO: Can You Say “Arbitrary and Capricious”?

On June 5, 2017, on behalf of our client, the Union of Concerned Scientists, Foley Hoag filed an amicus brief in support of the plaintiffs in the case challenging President Trump’s Executive Order 13771, the so-called “2 for...more

FERC’s Certificate Order Did Not Violate CWA Sequencing Requirements

Many large and complicated construction projects require the issuance of several differed permits having different requirements. Courts strive to interpret their requirements in a rational and reasonable manner. On May 23,...more

NEPA Victory for Freeway Infrastructure Project in Riverside County - BB&K Team Represents RCTC in Mid County Parkway Project...

by Best Best & Krieger LLP on

Best Best & Krieger LLP environmental attorneys successfully defended a freeway infrastructure project in Riverside County from a series of challenges brought under the National Environmental Policy Act. Partners Michelle...more

Nevada Solar Project Survives Ninth Circuit Review Despite Impacts to Tortoise Connectivity

by Nossaman LLP on

On May 18, 2017, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s summary judgment decision in favor of the Secretary of the Department of the Interior and other federal officials in an...more

Ninth Circuit Upholds Forest Service’s Construction of New Roads in Grizzly Bear Habitat

by Nossaman LLP on

On May 17, 2017, the U.S. Court of Appeals for the Ninth Circuit affirmed a ruling by the U.S. District Court for the District of Montana and upheld the U.S. Forest Service’s (Forest Service) decision to construct 4.7 miles...more

District Court Dismiss Bid To Force DOI To Decide Whether NEPA Policy Changes Are Needed

On May 4, the U.S. District Court for the District of Columbia issued a “Deepwater Horizon” ruling in Center for Biological Diversity v. Zinke. The Center for Biological Diversity’s (Center) claims concerns the Department of...more

BLM Directed to “Try Again” on NEPA Analysis for Echanis Wind’s Transmission Line: Greater Sage-Grouse Remains Key Issue for...

by Stoel Rives LLP on

In the continuing saga of the Echanis wind project in Eastern Oregon, U.S. District Court Judge Michael Mosman on April 18 vacated the Bureau of Land Management’s (BLM)’s Record of Decision (ROD) on a right-of-way grant...more

FCC Vows Its Never Gonna Give Up On Bridging Digital Divide: Opens Rulemakings To Promote Access To Broadband Infrastructure

At the end of March, new FCC Chairman Ajit Pai branded April “Infrastructure Month.” He paired this declaration with the announcement of a comprehensive agenda aimed at tackling a host of infrastructure-related challenges...more

A Closer Look at President Trump's Executive Order on Energy Independence

by Holland & Knight LLP on

President Donald Trump's Executive Order (EO) entitled "Promoting Energy Independence and Economic Growth" is a broad directive accomplishing a number of the Trump Administration's energy-related priorities....more

U.S. Army Corps Reissues Fifty Existing and Two New Nationwide Permits

by Latham & Watkins LLP on

On March 19, 2017, 52 new or reissued nationwide permits (NWPs) for discharges into “waters of the United States,” issued pursuant to Section 404(e) of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act...more

Oil and Gas Update for 4/2017 – MD Bans Hydraulic Fracturing, OH DMA Cases Keep Trickling In, and Spot Prices Pull a Hat Trick in...

by Cozen O'Connor on

All three benchmarks for natural gas spot prices in Appalachia hit $3/MMBtu or more since our last report (and did so for the first time in a long time), trending alongside a spike in oil prices following the Syrian airstrike...more

FCC Releases Draft Item on Streamlining Wireless Infrastructure Deployment

by Davis Wright Tremaine LLP on

On March 30, 2017, the FCC released a draft of a combined Notice of Proposed Rulemaking (“NPRM”) and Notice of Inquiry (“NOI”) (together, the “draft Notice”) designed to facilitate and accelerate the deployment of advanced...more

U.S. Army Corps Issues 2017 Clean Water Act Nationwide Permits

by Latham & Watkins LLP on

Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more

Executive Order Seeks Sweeping Reversal of Climate Change Policies to Favor U.S. Energy Production

by Perkins Coie on

President Donald Trump recently signed Executive Order 13783, an omnibus executive order aimed at reducing burdens on further development of domestic energy resources, with “particular attention” to oil, natural gas, coal and...more

Trump Order Ushers in the Future of US Energy and Environmental Regulation

by WilmerHale on

On March 28, President Trump launched a sweeping overhaul of US energy and environmental policy. The presidential Executive Order on Promoting Energy Independence and Economic Growth (Order) repeals several policies of the...more

Administration's Executive Order on Climate and Energy Is Controversial, and May Shift Action to States

by Morrison & Foerster LLP on

On March 28, 2017, President Trump issued an “Executive Order on Promoting Energy Independence and Economic Growth” (E.O.) that takes aim at a broad range of federal climate and energy programs and regulations. The E.O....more

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

by K&L Gates LLP on

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

What’s New in Washington: 10 Things You Need to Know

As the Trump presidency completes its first 10 weeks, the administration is celebrating big wins on the regulatory reform front while nursing some wounds from a major defeat on efforts to repeal and replace the Affordable...more

Swing and a Foul Ball? Practical Effect of Obama Administration’s Now-Defunct Coal Leasing Moratorium Likely Relatively Small

by Stoel Rives LLP on

An executive order, secretarial order, and lawsuit challenging said secretarial order, all in the span of less than 36 hours and all concerning federal coal leasing. The Trump administration on Wednesday reversed a 2016...more

Interior Secretary Immediately Implements President’s Executive Order on Energy and Climate

by Beveridge & Diamond PC on

New Secretary of the Interior Ryan Zinke wasted no time implementing the mandates of the Trump Administration’s most recent Executive Order (EO), “Promoting Energy Independence and Economic Growth,” which was issued on March...more

President Trump Rolls Back Climate Change Policies to Support Domestic Energy

On March 28, 2017, President Trump signed an executive order titled "Promoting Energy Independence and Economic Growth" that reverses or materially alters many of the actions that the federal government undertook during the...more

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