Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
How Trump's Infrastructure Plan Impacts the Energy Industry
Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency planning,...more
Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more
In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more
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
On Thursday, October 12, 2023, Judge Indira Talwani of the U.S. District Court for the District of Massachusetts granted summary judgment in favor of the United States Department of the Interior and Vineyard Wind, and denied...more
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
The U.S. District Court for the District of Massachusetts granted the government’s motion for summary judgment on May 17, 2023, in a case seeking to invalidate agency approvals of the first utility-scale offshore wind project...more
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
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more
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
The Federal Energy Regulatory Commission (FERC) answered longstanding calls by environmental groups and landowners to "modernize" certain aspects of the certification and approval process for natural gas infrastructure...more
The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more
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
On June 21, 2021, a federal district court in Virginia dismissed a lawsuit filed by environmental groups against the Trump-era overhaul of regulations under the National Environmental Policy Act ("NEPA"). Our prior article...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more
On July 16, 2020, the Council on Environmental Quality (CEQ) published its final rule in the Federal Register revising the National Environmental Policy Act (NEPA) regulations (Rule). This Rule, which is scheduled to go into...more
EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more
Climate Change Regulatory Issues & Updates - CEQ Finalizes Overhaul of NEPA Regulations and Narrows Consideration of Climate Change Effects - The amendments have the potential to reduce National Environmental Policy...more
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
Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more
On January 9th, President Donald Trump in conjunction with the Council on Environmental Quality (“CEQ”) proposed sweeping regulatory revisions to rules that govern how the CEQ implements the National Environmental Policy Act...more
The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more