News & Analysis as of

National Environmental Policy Act Environmental Policies Energy Policy

Troutman Pepper

DOE Proposes to Limit NEPA Review for Transmission, Storage, and Solar

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On November 16, 2023, the U.S. Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to update its National Environmental Policy Act (“NEPA”) implementing regulations to add a categorical exclusion for...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Nossaman LLP

Massachusetts Court Refuses to Halt Construction of Offshore Wind Project

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On May 25, 2023, the federal District Court for the District of Massachusetts denied a motion by plaintiffs seeking to halt construction of the Vineyard Wind project offshore of Massachusetts, in the case of Seafreeze...more

Hogan Lovells

Idaho National Laboratory recommendations on ways to improve NRC reactor licensing

Hogan Lovells on

In April 2023, Idaho National Laboratory (“INL”), a U.S. Department of Energy (“DOE”) National Laboratory, published a report entitled “Recommendations to Improve the Nuclear Regulatory Commission Reactor Licensing and...more

Nossaman LLP

Massachusetts Court Rejects Endangered Species Act Challenge to Offshore Wind Project

Nossaman LLP on

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

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

Stinson LLP on

On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

Morgan Lewis - Up & Atom

NRC Selects Aggressive Schedule to Confirm GEIS Applicability to Subsequent License Renewal

The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s...more

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

Troutman Pepper on

Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

Robinson+Cole Environmental Law +

Nantucket Group Challenges Vineyard Wind Project in Federal Court

On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the...more

Allen Matkins

California Environmental Law & Policy Update - February 2021 #3

Allen Matkins on

State senators introduce bill to ban hydraulic fracturing in California by 2027 - San Francisco Chronicle – February 17 - State Senators Scott Wiener and Monique Limon have introduced a bill that would halt the...more

Morgan Lewis - Up & Atom

NRC Staff Proposes Rulemaking to Update Environmental Regulations

The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more

Morgan Lewis - Power & Pipes

DOE Streamlines Environmental Reviews for LNG Exports to Certain Countries

The US Department of Energy (DOE or Department) finalized a rulemaking proceeding last week that revises its National Environmental Policy Act (NEPA) implementing procedures pertaining to certain authorizations under the...more

Foley & Lardner LLP

No Matter Who Wins the 2020 Presidential Election, Big Changes Are Coming. Will You Be Ready?

Foley & Lardner LLP on

Every election observer understands that if former Vice President Joe Biden wins the November Presidential election, big changes will soon follow. What many may not realize is that big changes will also happen if the current...more

Foley Hoag LLP - Environmental Law

The New NEPA Rules Are Final: Still Giving Regulatory Reform a Bad Name

CEQ has finalized revisions to the NEPA regulations. I don’t have too much to add to my post on the proposed rule back in January. NEPA needs reform. These regulations, however, are not the reform NEPA needs...more

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more

Nossaman LLP

Nationwide Permit 12 (NWP 12) Vacated on ESA Grounds

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On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more

Sullivan & Worcester

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

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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

Eversheds Sutherland (US) LLP

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

WilmerHale

White House Issues Final Guidance on Climate Change Impact Analysis

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

Latham & Watkins LLP

White House Issues Final NEPA Guidance on Climate Change

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

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