News & Analysis as of

National Environmental Policy Act Coal Industry

Akin Gump Strauss Hauer & Feld LLP

This Week’s Climate Policy Update - June 2024 #4

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Foley Hoag LLP - Environmental Law

Another NEPA Obstacle To Coal Mining

Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more

Foley Hoag LLP - Environmental Law

NEPA Is Indeed Posing a Really Big Obstacle to Coal Mining On Public Lands

On Friday, I posted about a decision invalidating BLM Resource Manage Plans for failure to comply with NEPA.  My caption was “NEPA Is Still Going to Pose an Obstacle to Leasing Public Lands for Fossil Fuel Extraction.”...more

Morgan Lewis

Energy Transitions: Re-Powering Retired Coal Sites with Carbon-Free Nuclear Generation

Morgan Lewis on

Now, more than ever, energy industry participants are seeking creative pathways to minimize the cost and schedule for deployments of carbon-free electric generation facilities. Enter the latest trend: coal-to-nuclear...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: SCOTUS Decides Another Regulatory “Takings” Case; A Flurry of Action at EPA

This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT  - Pakdel v. City and County of San Francisco - On June 28, 2021, the Supreme Court decided...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Schwabe, Williamson & Wyatt PC

Fossil Fuel Cases Continue to Shape SEPA and Shoreline Laws

In the continuing saga of Millennium Bulk Terminal’s efforts to build the largest coal export terminal in North America, on March 17, 2020, the Court of Appeals issued an unpublished decision with interesting holdings on...more

Foley Hoag LLP - Environmental Law

Eliminating a Moratorium Affecting 1.86 Billion Tons of Coal Is Final Agency Action

In 2016, DOI Secretarial Order 3338 imposed a moratorium on new coal leases on federal land until BLM prepared a programmatic environmental impact statement intended to address, among other issues, the impact of coal leasing...more

Foley Hoag LLP - Environmental Law

The Office of Surface Mining Loses Another NEPA Case — Do I Detect a Trend?

Last week, a federal judge once more rejected the Environmental Assessment for the expansion of the Spring Creek Mine in Montana. The case does not really break any new ground, but it does add to the growing number of cases...more

Snell & Wilmer

Welcome Reforms in Federal Coal Leasing, Permitting and NEPA Streamlining

Snell & Wilmer on

The Utah coal industry has benefited from recent reforms in federal coal leasing, permitting and streamlining of environmental review under the National Environmental Policy Act (“NEPA”). During the previous administration,...more

Holland & Hart LLP

Interior Department Not Obligated to Update NEPA Analysis for Coal Leasing Program

Holland & Hart LLP on

On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S. Department of the Interior (DOI) has no legal obligation to update its...more

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

Coal Lease/National Environmental Policy Act: Federal Court Addresses Challenge to Bureau of Land Management Environmental...

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a February 27th opinion addressed a challenge by the Northern Plaints Resource Council, Inc. (“NPRCI”) to an Environmental Assessment (“EA”)...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Cadwalader, Wickersham & Taft LLP

D.C. Circuit Upholds DOE’s Authorization of LNG Exports from the Freeport LNG Terminal

On Tuesday, August 15, 2017, the U.S. Court of Appeals for the District of Columbia Circuit rejected Sierra Club’s petition for review of a U.S. Department of Energy (“DOE”) order authorizing long-term exports of liquefied...more

WilmerHale

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

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

Stoel Rives LLP

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

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

Orrick, Herrington & Sutcliffe LLP

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

WilmerHale

DOI Releases Scoping Report on Coal Leasing Reforms

WilmerHale on

On January 11, 2017, the Bureau of Land Management (BLM) within the Department of the Interior released a scoping report analyzing a wide range of proposed reforms to the federal coal leasing program, administered by the BLM....more

Holland & Knight LLP

Forecast for Energy and Environment Regulations

Holland & Knight LLP on

President-Elect Donald Trump has promised to bring back jobs in the coal industry and reduce regulations that could inhibit economic growth. His transition team has already begun arriving at federal agencies to review the...more

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