News & Analysis as of

National Environmental Policy Act Environmental Policies

The New Administration’s Efforts to Deconstruct the Obama Climate Initiatives

by Sullivan & Worcester on

President Trump is spearheading a government-wide roll back of Obama Era climate initiatives. The president and his EPA Administrator, Scott Pruitt, have delivered a one-two punch. They both have denied the impact of human...more

Trump Track: Environmental Policy Changes

While the Trump Administration has struggled overall to develop and implement coherent policies, the Administration has had some success in the environmental sphere. Through a series of presidential memoranda, executive...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

Buckle-Up, Uncertainty Paves a Bumpy Road Ahead: Environmental Regulation Under the Trump Administration

Sutherland attorneys are closely watching the developments concerning changes to environmental regulation under President Trump. This article begins a series of communications with our clients on developments of particular...more

Clean Water Act Nationwide Permits Reissued: Permit Streamlining Remains Intact

by Holland & Knight LLP on

The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more

Trump’s Impact on Environmental Law? Let the Speculation Begin!

What will a Trump Presidency mean for environmental law? I’m not sure my crystal ball if better than anyone else’s, but here are a few quick thoughts...more

California Environmental Law & Policy Update - November 2016

by Allen Matkins on

Environmental and Policy Focus - Cities sue FAA over new flight plans - Los Angeles Times - Oct 27 - Citing concerns about the potential for increased aircraft noise and pollution, Newport Beach officials...more

The White House Final Greenhouse Gas Guidance Directs Federal Agencies to Consider Climate Change and Greenhouse Gas Emissions...

by Shearman & Sterling LLP on

On August 1, 2016, the White House Council on Environmental Quality published its final guidance to federal agencies requiring the consideration of greenhouse gas (GHG) emissions and effects on climate change when evaluating...more

Ninth Circuit Court of Appeals Affirms Incidental Take Statements Not Required for Plant Species

by Nossaman LLP on

On August 15, 2016, the U.S. Court of Appeals for the Ninth Circuit affirmed a lower court decision granting summary judgment to the Bureau of Land Management (“BLM”) and U.S. Fish and Wildlife Service (“USFWS”) on the issue...more

White House Issues Final Guidance on Consideration of Greenhouse Gas Emissions in NEPA Reviews

by Holland & Knight LLP on

After more than six years of review and the issuance of several draft guidance documents, the White House Council on Environmental Quality (CEQ) published on Aug. 5, 2016, its final guidance on considering greenhouse gas...more

NEPA guidance on greenhouse gas emissions

by PretiFlaherty on

Federal agencies have new guidance on how to address the effects of greenhouse gas emissions and climate change as those agencies satisfy their duties under the National Environmental Policy Act. This month the White House...more

White House Issues Guidance Advising Agencies to Assess Climate Change in NEPA Reviews

On August 1, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies on considering greenhouse gas (GHG) emissions and the effects of climate change in National Environmental...more

White House Issues Final Guidance on Climate Change Impact Analysis

by WilmerHale on

On August 1, 2016, the White House Council on Environmental Quality (CEQ) released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from...more

White House Issues Final NEPA Guidance on Climate Change

by Latham & Watkins LLP on

On August 2, 2016, the White House Council on Environmental Quality (CEQ) issued its final guidance for federal agencies to assess the impact of their decisions on greenhouse gas emissions (GHGs) and also how such decisions...more

Final Guidance Released on Considering Climate Change in Environmental Reviews

by Ballard Spahr LLP on

The President's Council on Environmental Quality has issued its finalized guidance on how federal agencies should consider greenhouse gas emissions and the effects of climate change in reviews of federal actions under the...more

Ninth Circuit Rules Navy Satisfied NEPA in Considering Terror Threat to San Diego Facility

by Perkins Coie on

The U.S. Court of Appeals for the Ninth Circuit last week rejected a claim under the National Environmental Policy Act that the Navy did not adequately consider the environmental consequences of a potential terrorist threat...more

USDA Environmental Policies Final Rule Clarifies NEPA Stance for RUS Borrowers

by Holland & Knight LLP on

The U.S. Department of Agriculture (USDA) on March 2, 2016, issued a Final Rule on its Environmental Policies and Procedures (7 CFR Parts 25, 1701, 1709, et al.) that will affect actions by four agencies within USDA,...more

NEPA Revised Draft Guidance on Consideration of GHG Emissions: Version 2.0 - Proposal Requires Federal Agencies to Assess GHG and...

by Holland & Knight LLP on

Nearly five years after issuing its initial draft, the White House Council on Environmental Quality (CEQ) continues to revise its draft guidance on conducting greenhouse gas (GHG) impact analyses under the National...more

Greenhouse Gases and Environmental Review: CEQ’s expansive view on how NEPA treats GHGs

by K&L Gates LLP on

On December 18, 2014, the White House Council on Environmental Quality (CEQ) proposed revised guidance (“Guidance”) directing how federal agencies should consider greenhouse gas (GHG) emissions and climate change when...more

Environmental Justice in Massachusetts

by Beveridge & Diamond PC on

Over the past several months, there has been a flurry of activity on environmental justice in Massachusetts, and more developments are expected shortly.  ...more

Greenhouse Gases “Rise” in Importance for NEPA Reviews

by Beveridge & Diamond PC on

Just before Christmas, the White House Council on Environmental Quality (“CEQ”) published revised draft guidance intended to direct federal agencies on when and how to consider the effects of greenhouse gas (“GHG”) emissions...more

Environmental Impact Analysis — The Impact of a Project on the Environment or the Impact of the Environment on a Project?

Traditionally, environmental impact analysis, under NEPA and state analogs, has focused on the impacts that a proposed project may have on the environment. In Massachusetts, the Executive Office of Energy and Environmental...more

Two petitions filed seeking Supreme Court review of Ninth Circuit decision in Delta smelt case

by Nossaman LLP on

Recently, two separate petitions were filed with the U.S. Supreme Court seeking review of the Ninth Circuit’s decision in San Luis and Delta Mendota Water Authority v. Jewell, a case involving a challenge to the biological...more

District Court Denies Motion to Enjoin Delta Water Transfers

by Nossaman LLP on

Last Friday, the U.S. District Court for the Eastern District of California denied a motion brought by environmental groups to enjoin a water transfer project in the Sacramento-San Joaquin River Delta (Delta). Plaintiffs...more

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