News & Analysis as of

National Environmental Policy Act Land-Use Permits

Womble Bond Dickinson

Tribal Consultation and Permitting Reform

Womble Bond Dickinson on

As discussed throughout this series, mine permitting in the United States is a complicated process. The permitting authorities are a mix of state and federal agencies, and that mix varies depending on where the mine is...more

Dorsey & Whitney LLP

Interagency Working Group on Mining Laws, Regulations, and Permitting Release Final Report on Proposed U.S. Mining Reforms on...

Dorsey & Whitney LLP on

In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more

Latham & Watkins LLP

Congress Advances Federal Environmental Permitting Reform in Fiscal Responsibility Act of 2023

Latham & Watkins LLP on

The reform mainly focuses on streamlining and narrowing the scope of environmental review at the federal level. On June 3, 2023, President Biden signed legislation implementing the bipartisan debt ceiling and budget...more

Holland & Hart LLP

Biden Administration Issues Temporary Suspension of BLM/BIA Approvals

Holland & Hart LLP on

The day after the inauguration, the Acting Secretary of Interior issued Order No. 3395, Temporary Suspension of Delegated Authority, suspending the delegation of authority to all Department of Interior Bureaus and Offices,...more

Bracewell LLP

Changes to Expect in Environmental Litigation Under Biden

Bracewell LLP on

One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more

Farella Braun + Martel LLP

Permitting Utility-Scale Battery Energy Storage Projects: Lessons From California

The increasing mandates and incentives for the rapid deployment of energy storage are resulting in a boom in the deployment of utility-scale battery energy storage systems (BESS). In the first installment of our series...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - January 2020 #2

Trump Infrastructure Proposal Impacts 'Virtually Every' Federal Decision on Environment: DOI Secretary - "Trump's announcement focused largely on road and highway impacts, but industry groups and environmentalists note the...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

(ACOEL) | American College of Environmental...

12 Legal Tools to Push Climate Preparedness

We know that, mostly as a result of climate change, extreme weather events are becoming more frequent and severe.  Reducing greenhouse gas emissions should be the highest priority, but that won’t be enough to prevent severe...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hot Springs Bypass Project (Arkansas): U.S. Army Corps of Engineers (Little Rock District) Public Notices Arkansas Department of...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more

White & Case LLP

Judge Orders Government to Account for Climate Change Impacts before Leasing Federal Lands to Energy Developers

White & Case LLP on

The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more

Perkins Coie

White House Releases Final Proposal to Streamline Infrastructure Permitting

Perkins Coie on

On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more

Perkins Coie

White House Proposes to Streamline Environmental Reviews for Infrastructure Projects

Perkins Coie on

The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Schwabe, Williamson & Wyatt PC

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Snell & Wilmer

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

Snell & Wilmer on

The United States has one of the most extensive natural gas pipeline networks in the world. This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric...more

Snell & Wilmer

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

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

Farella Braun + Martel LLP

Utility-Scale Battery Storage Systems: Legal Issues and Opportunities

Federal and state government mandates and incentives, combined with technological advances, have dramatically increased renewable energy sources during the past decade. Variable renewable energy sources such as solar and wind...more

Foley Hoag LLP - Environmental Law

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

Manatt, Phelps & Phillips, LLP

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

Best Best & Krieger LLP

Modernizing the Review Process or Just More Busy Work?

Those who have worked on the permitting and environmental review for a federally funded infrastructure project know the challenges that exist in coordinating with numerous agencies that may have oversight over a project. A...more

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