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
Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more
Earlier this summer, the District of Columbia Court of Appeals issued a decision affirming the lower court’s decision that the Mining Law of 1872 does not impose a limit on the number of mill sites that a mining claimant may...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
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
After two years of continuous behind-the-scenes work, Sen. Joe Manchin (I-W.Va), who chairs the U.S. Senate Committee on Energy and Natural Resources, joined by Sen. John Barrasso (R-Wyo.), released S. 4753, the Energy...more
The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more
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
The subsidence risk in geothermal projects needs to be effectively managed by careful review of site conditions and legal and permitting precedents. Production of geothermal fluids can lead to subsidence of the land...more
In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more
With the renewable energy boom underway everywhere, Arizona offers an attractive market for renewable energy facilities, with lots of sunshine and even a bit of wind up north. And, despite what you may have heard about our,...more
The landmark nuclear legislation will help drive development, innovation, investment and deployment of advanced nuclear technologies. The ADVANCE Act takes substantial steps to help expedite the development and deployment...more
On June 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Food & Water Watch’s environmental challenges to the FERC’s order granting a certificate of public convenience...more
The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more
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
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
Today, the Supreme Court of the United States granted certiorari in seven cases: United States v. Skrmetti, No. 23-477: This case concerns the constitutionality of state laws banning gender-affirming medical care for...more
This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more
In an era marked by the transition to greener energy sources, there is an intricate dance between achieving net-zero emissions and the critical role mining plays in this endeavor. This compilation of articles titled “Striking...more
The White House's Council on Environmental Quality (“CEQ”) recently finalized its “Phase 2” rule, which revises CEQ’s National Environmental Policy Act (“NEPA”) regulations. The rule aims to accelerate NEPA project review by...more
At its May 13, 2024 open meeting the Federal Energy Regulatory Commission (FERC) unanimously approved Order No. 1977,[1] which updates the process FERC uses when exercising its transmission siting authority under Section 216...more
This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more
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
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