News & Analysis as of

National Environmental Policy Act Regulatory Agenda

Pillsbury Winthrop Shaw Pittman LLP

Subsidence from Geothermal Operations: Navigating the Regulatory Landscape and Potential Claims

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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

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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

Perkins Coie

CEQ Finalizes NEPA Phase Two Rulemaking

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The Council on Environmental Quality (CEQ) finalized its Phase Two revisions to its National Environmental Policy Act (NEPA) implementing regulations on April 30, 2024, following an effort initiated in 2021 to “revise,...more

Perkins Coie

DOE Proposes Rule for More Efficient Environmental Review of Clean Energy Projects

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The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its...more

Perkins Coie

DOE Announces Project Recipients for Seven Regional Clean Hydrogen Hubs

Perkins Coie on

The U.S. Department of Energy (DOE) Office of Clean Energy Demonstrations (OCED) recently announced the project recipients selected for negotiation to develop seven regional clean hydrogen hubs across the United States....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

Nossaman LLP

National Oceanic and Atmospheric Administration to Release Plans for Chumash Heritage National Marine Sanctuary

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The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more

Sheppard Mullin Richter & Hampton LLP

NEPA Amendments Aim to Streamline Environmental Review but Largely Codify the Status Quo

Recent amendments to the National Environmental Policy Act (NEPA), which Congress included in the Fiscal Responsibility Act of 2023 (FRA), aim to streamline federal environmental review by imposing time limits, clarifying the...more

Ward and Smith, P.A.

Biden Administration Revitalizes and Advances the Federal Government's Commitment to Environmental Justice

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On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to...more

Goldberg Segalla

New Executive Order Renews & Strengthens America’s Commitment to Environmental Justice

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Right on the heels of Earth Day, President Joe Biden signed Executive Order 14096, titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All”....more

Foley Hoag LLP - Energy & Climate Counsel

IRA Side Deal on Permitting Raising Ire

In order to pass the Inflation Reduction Act (“Act”) last month, a deal was struck with Sen. Joe Manchin (D-WV) to create separate legislation to reform federal energy project permitting. Now that the Act has been signed...more

Sheppard Mullin Richter & Hampton LLP

Biden Revisions to the NEPA Regulations Now in Effect

The Biden Administration is amending the federal regulations for implementing the National Environmental Policy Act (NEPA) to reverse certain changes made by the Trump Administration. The first set of amendments took effect...more

White & Case LLP

FERC Overhauls Review of Natural Gas Infrastructure Projects

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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

Nossaman LLP

Department of the Interior Releases Hefty Agenda

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On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more

Robinson+Cole Environmental Law +

CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...more

Jones Day

The Climate Report | Fourth Quarter 2021

Jones Day on

Climate Change Regulatory Issues & Updates - New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts - On October 7, 2021, the Council on Environmental Quality...more

Jones Day

New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts

Jones Day on

On October 7, 2021, the Council on Environmental Quality ("CEQ") published a proposed rule ("Proposed Rule") announcing intentions to modify certain aspects of the National Environmental Policy Act ("NEPA") regulations...more

Allen Matkins

California Environmental Law & Policy Update - October 2021 #2

Allen Matkins on

Biden administration to restore climate criteria to NEPA - The New York Times – October 6 - The Biden administration on Wednesday announced that it would restore climate change protections to the nation’s bedrock...more

Nossaman LLP

One Step Back for NEPA Regulations

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On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more

Latham & Watkins LLP

CEQ Issues Report to Congress on CCUS

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CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

Foley & Lardner LLP

Environmental Justice and Why You Should Care

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“Environmental Justice” is the concept that all people - regardless of race, color, national origin, or income - should receive fair treatment and have meaningful involvement with respect to the development, implementation,...more

Nossaman LLP

[Webinar] The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics? - April 15th, 11:00 am -...

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The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more

Cozen O'Connor

Developments in Offshore Wind: Part Two

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The Biden administration’s approach to policy setting in the offshore wind context can already be seen in recent legislation and executive orders related to tax law, maritime law, and environmental law. We address the...more

Holland & Hart LLP

Assessing Climate Cost in Policy Decisions

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Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more

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