News & Analysis as of

National Environmental Policy Act Environmental Review

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards for Infrastructure...

by Beveridge & Diamond PC on

Infrastructure has been a headline topic since before the 2016 election, and perhaps never more so than during the unprecedented storm season. The current Administration, like its predecessors, has pursued means to expedite...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Executive Order Set to Expedite Permitting and Authorization of Infrastructure Projects

by Miles & Stockbridge P.C. on

During the campaign and thus far in the current administration, the President has prioritized the modernization of the Nation’s infrastructure and promised a $1 trillion investment plan to help fund that vision. There is rare...more

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

by Beveridge & Diamond PC on

In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Executive Order Seeks to Expedite Federal Infrastructure Review Process

by Clark Hill PLC on

President Trump issued a new executive order that seeks to streamline the Environmental Review and Streamlining Process. Most local infrastructure projects that ultimately involve the use of eminent domain depend upon...more

New Executive Order on Infrastructure Ups the Ante on Streamlining the Environmental Review and Permitting Process

by Clark Hill PLC on

Since its earliest days, the Trump Administration has focused on eliminating delays in infrastructure projects, portraying environmental reviews and permitting as major choke points requiring change. On January 24, 2017, the...more

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

by Downey Brand LLP on

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an...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

What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

by Snell & Wilmer on

While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by...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

For Virginia Land Use, Local Governments Have To Follow The Rules

by Reed Smith on

Starting July 1, 2016 Virginia local governments must, in reviewing a residential rezoning or concept plan amendment, determine whether a requested land use exaction addresses an impact that is “specifically attributable” to...more

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

by McDermott Will & Emery on

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

No Issuance of Federal Offshore Fracking Permits Until May 2016

by Stoel Rives LLP on

On January 29, 2016, the Bureau of Ocean Energy Management (“BOEM”) and the Bureau of Safety and Environmental Enforcement (“BSEE”), agencies within the federal Department of the Interior (“DOI”), agreed to put a temporary...more

The FAST Act Seeks to Streamline the Environmental Review of Infrastructure Projects

On December 4, 2015, President Obama signed into law the Fixing America’s Surface Transportation (FAST) Act—a five-year, $305-billion transportation authorization and spending bill. The FAST Act largely focuses on funding...more

Department of the Interior Announces Comprehensive Review of Federal Coal Program

by WilmerHale on

On January 15, Secretary Sally Jewell announced that the Department of the Interior will launch a comprehensive review to identify and evaluate potential reforms to the federal coal program. During the review, which is...more

US Suspends Coal Leasing on Federal Lands

by Latham & Watkins LLP on

Legal challenges to moratorium likely as US Department of Interior considers reforms. On Friday, January 15, 2016, US Department of the Interior Secretary Sally Jewell announced that the US will “pause” federal coal...more

Congress Enacts Federal Permitting Improvements to Speed Infrastructure Projects

by Perkins Coie on

Congress enacted the Surface Transportation Reauthorization and Reform Act of 2015, also known as the Fixing America’s Surface Transportation Act (the FAST Act) on December 4, 2015. A part of the FAST Act, Title XLI—Federal...more

Environmental Provisions of the FAST Act

by Nossaman LLP on

On December 4, 2015, President Obama signed into law the “Fix America’s Surface Transportation Act,” Public Law 114-94 ("FAST Act"). As finally enacted, the FAST Act exceeds 400 pages in length. This paper reviews those...more

Will FAST Act Make Permitting Faster? Streamlining Offered for Infrastructure Projects

by Holland & Knight LLP on

The new federal highway funding legislation, the Fixing America's Surface Transportation Act (FAST Act), signed into law by President Obama on Dec. 4, 2015, provides long-term funding certainty for surface transportation...more

New Law Streamlines Federal Permitting and Environmental Review Processes

by Stoel Rives LLP on

Major infrastructure developers received a notable holiday gift from Capitol Hill and the White House earlier this month with the December 4, 2015 enactment of the Highway Authorization Act. Title XLI of the Act promises to...more

Are Regulatory Delays Exacerbating Drought Conditions?

As we enter the fall season, substantial portions of California and the Pacific Northwest are experiencing extreme to exceptional drought conditions. While conditions are better in Texas and other nearby states this year,...more

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