News & Analysis as of

National Environmental Policy Act Environmental Impact Report (EIR) Infrastructure

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

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

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

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

Bilzin Sumberg on

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

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

Pillsbury - Gravel2Gavel Construction & Real...

Council on Environmental Quality and Office of Management and Budget Issue Joint Guidance for State Transportation Departments...

On February 26, 2019, the Council on Environmental Quality (CEQ) and Office of Management and Budget (OMB) issued a joint memorandum (Memo) clarifying how state transportation departments that have been delegated...more

Farella Braun + Martel LLP

Trump Administration Continues Project Permitting Streamlining Efforts

The White House’s Council on Environmental Quality (CEQ) announced on June 20, 2018 that it is considering updating its regulations implementing the National Environmental Policy Act (NEPA). Specifically, the CEQ issued an...more

Hogan Lovells

CEQ's revamping of NEPA regulations: who, what, why, and where?

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The Council on Environmental Quality (CEQ), responsible for the oversight of the National Environmental Policy Act (NEPA), is revising its NEPA regulations as part of the current administration’s efforts to streamline the...more

Holland & Knight LLP

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

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• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

Perkins Coie

Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure Projects

Perkins Coie on

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more

WilmerHale

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

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This is the seventh issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

Pillsbury - Gravel2Gavel Construction & Real...

Twelve Federal Agencies Commit to Implement Executive Order to Streamline Environmental Review and Approval of Major...

On April 9, 2018, the heads of twelve Federal agencies and departments entered into a Memorandum of Understanding (“MOU”) committing their respective agencies to implement certain concepts and directives from Executive Order...more

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