National Environmental Policy Act Environmental Policies

News & Analysis as of

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

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

After more than six years of review and the issuance of several draft guidance documents, the White House Council on Environmental Quality (CEQ) published on Aug. 5, 2016, its final guidance on considering greenhouse gas...more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

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

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

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

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

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

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...

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

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

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

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

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

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

More Pipeline Development Projects: What America Needs

National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more

D.C. Circuit to FERC: Environmental Review of “Related” Pipeline Expansion Projects Must Consider Cumulative Effects, Even After...

On June 6, 2014, the U.S. Court of Appeals for the District of Columbia issued a decision in Delaware Riverkeeper Network, et al. v. Federal Energy Regulatory Commission, that could significantly impact efforts to expand...more

Inside the Mining Industry: An Arizona Mining Lawyer Discusses Key Challenges, Opportunities & Trends for 2014 and Beyond

Other than market forces, Federal permitting processes continue to be a primary cause of delay for new mines and the expansion of existing mines throughout the United States. The federal government manages a significant...more

Federal Appellate Court Upholds Environmental Review of Colorado River Water Delivery Agreement

Ninth Circuit Affirms District Court’s Decision Approving NEPA and Clean Air Act Review of Federal QSA - The U.S. Court of Appeals for the Ninth Circuit has issued its decision on the federal case challenging...more

High-Speed Rail Fresno to Bakersfield Route Approved

The California High Speed Rail Authority’s (the “Authority”) Board of Directors unanimously voted on Wednesday to certify the Final Environmental Impact Report/Environmental Impact Statement for the Fresno to Bakersfield...more

9th Circ. Reminds BOEM About The Importance Of Evidence

On Jan. 22, 2014, the Ninth Circuit held that the final environmental impact statement ("FEIS") and supplemental environmental impact statement ("SEIS") regarding the effects of proposed leases for oil and gas development in...more

Ninth Circuit Reverses NEPA Approval of an Oil and Gas Lease in the Chukchi Sea

The Bureau of Ocean Energy Management (BOEM) of the Department of Interior sought to lease approximately 30 million acres of federal land in the Chukchi Sea for oil and gas development, but, according to a recent decision by...more

There May Be Trouble Ahead: Legal Challenges on Home Turf Threaten U.S. Ex-Im Bank Funding for Foreign Mining Projects

The Export-Import Bank of the United States (Ex-Im Bank) is facing a new wave of legal challenges related to the financing of natural resource projects outside of the US, and which threaten to de-rail one of Western...more

The Ninth Circuit Addresses NEPA’s Goldilocks Problem: How Many Alternatives Are Just Enough?

One of the critical elements of NEPA is that project proponents must assess the feasibility and impacts of not only the preferred alternative, but also a range of alternatives. However, there is a tension in NEPA, because it...more

35 Results
|
View per page
Page: of 2
JD Supra Readers' Choice 2016 Awards

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×