News & Analysis as of

National Environmental Policy Act Environmental Review

Morgan Lewis

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

Morgan Lewis on

The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

Saul Ewing LLP on

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more

Venable LLP

NEPA at the Supreme Court

Venable LLP on

Does the National Environmental Policy Act require an agency to consider environmental impacts beyond the proximate effects of actions within the agency's jurisdiction? That's the question that the U.S. Supreme Court has...more

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more

Holland & Knight LLP

Council on Environmental Quality Substantially Rewrites NEPA Regulations

Holland & Knight LLP on

The Council on Environmental Quality (CEQ) on May 1, 2024, published its Phase II regulations1 under the National Environmental Policy Act (NEPA).2 As part of a multiphase effort to amend the NEPA regulations that straddled...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

Nossaman LLP on

This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Locke Lord LLP

Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Locke Lord LLP on

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”)....more

Gray Reed

Texas Deepwater Port Survives Legal Challenge

Gray Reed on

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

Stinson LLP

Council on Environmental Quality Publishes Phase 2 NEPA Rule

Stinson LLP on

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more

Venable LLP

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Venable LLP on

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

Jones Day on

Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Nossaman LLP

Right of Way 101

Nossaman LLP on

This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...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

Beveridge & Diamond PC

White House Proposes to Again Overhaul NEPA Regulations

On July 31, 2023, the White House Council on Environmental Quality (CEQ) proposed to update its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. Reflecting the increasingly...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Vinson & Elkins LLP

CEQ’s Proposed NEPA Phase 2 Rule Turns Procedure Into Substance and Could Have "Significant Effects" on Permitting and...

Vinson & Elkins LLP on

Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more

Pillsbury - Gravel2Gavel Construction & Real...

Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)

The National Environmental Policy Act (NEPA) was signed into law on January 1, 1970, and it has rarely been amended or revised since then. NEPA is basically a procedural statute which requires Federal permitting authorities,...more

Downey Brand LLP

The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project Review

Downey Brand LLP on

On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (“FRA”) into law, extending the U.S. debt limit into 2025. As part of the Congressional deal, FRA also contains amendments to the National...more

Downey Brand LLP

Hurdles remain for Colorado River agreement

Downey Brand LLP on

On May 22, Arizona, Nevada, and California sent a letter to the Commissioner of the U.S. Bureau of Reclamation (Reclamation) that announced their agreement to conserve an additional 3 million acre-feet of Colorado River water...more

Ballard Spahr LLP

New York City’s Congestion Pricing Program Moves Forward

Ballard Spahr LLP on

Summary - The nation’s first variable tolling program in a central business district (CBD) reached a new milestone, bringing New York City’s Metropolitan Transportation Authority (MTA) closer to its goal of launching...more

Jones Day

Fourth Circuit Denies Appeal of Trump-Era Changes to NEPA; CEQ Issues Interim Guidance on Analyzing Climate Change Effects in...

Jones Day on

In December 2022, the United States Court of Appeals for the Fourth Circuit denied an appeal by environmental groups to revive their challenge to the 2020 amendments to the Council on Environmental Quality's ("CEQ") National...more

(ACOEL) | American College of Environmental...

Permitting Reform Redux

In an earlier blog, I commented on this Administration’s “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan], and Senator Manchin’s related...more

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