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DOI Implements Unprecedented 14-Day NEPA Review Process Under National Energy Emergency EO

In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...more

New York Proposes SEQRA Amendments to Implement Environmental Justice Siting Law Provisions

While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more

Seismic Changes in Federal Environmental Reviews: CEQ to Rescind NEPA Regulations

The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more

Court's Denial of Review Leaves Open Questions of CEQ Authority

The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

Potential Implications of President Trump's Wind Energy EO on Offshore Leasing, Development

This Holland & Knight alert provides a summary of President Donald Trump's Wind Energy EO, an overview of the offshore wind leasing process and considerations for current lessees regarding potential outcomes and legal...more

Impacts of a Trump EPA on Chemical Transporters' Reliance on In-Transit Exemptions

The global bulk chemical shipping industry relies on chemical transportation depots to be responsive to market demands by temporarily holding trailers and containers of chemical products en route to their final destinations...more

Understanding President Joe Biden's Offshore Drilling Restrictions

In his final days in office, President Joe Biden has exercised his executive authority to withdraw more than 625 million acres of federal waters from future oil and gas leasing – the largest withdrawal of its kind in U.S....more

Adding Fuel to the Fires Calling for Permitting Reform

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

EPA Imposes More Stringent Lead Paint Dust Requirements

In response to a decision by the U.S. Court of Appeals for the Ninth Circuit finding that the U.S. Environmental Protection Agency's (EPA) updates to its lead paint hazard standards were deficient because they improperly took...more

Are You Tracking Your Packaging Data Yet?

Extended Producer Responsibility (EPR) laws represent a pivotal shift in environmental and sustainability compliance, placing the onus of end-of-life product management on Producers, the parties that produce the products...more

Court Strikes Down Key Endangered Species Act Opinion

A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

Council on Environmental Quality Substantially Rewrites NEPA Regulations

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

U.S. Supreme Court May Soon Discard or Modify Chevron Deference

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. Under the doctrine, named for the 1984...more

Chemical Transporters Face Ongoing Challenges from EPA's Focus on "Transit-Related" Activity

Chemical transport, tank cleaning and transportation depot operators breathed a sigh of relief in March 2024 when the U.S. Environmental Protection Agency (EPA) dropped provisions from a proposed rule when it issued its final...more

Safe Harbor Policy Bolsters Case for Strong Environmental Due Diligence in M&A Transactions

The U.S. Department of Justice (DOJ) in October delivered a clear message to companies involved in mergers and acquisitions (M&A) and their advisers: Acquiring companies will not be penalized for timely voluntary disclosure...more

New York Drafts Policy for Evaluating Permitting Impacts on Disadvantaged Communities

New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more

Sackett Decision Provides Clarity, Substantially Restricts Clean Water Act Jurisdiction Scope

The U.S. Supreme Court on May 25, 2023, issued its opinion in Sackett v. Environmental Protection Agency, 598 U.S. ____ (2023). The opinion addresses the definition of "Waters of the United States" (WOTUS) pursuant to the...more

Waters of the U.S. Rule Will Significantly Expand Federal Authority

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

EPA Announces Termination of COVID-19 Enforcement Discretion Policy

The U.S. Environmental Protection Agency (EPA) on June 29, 2020, issued a memorandum titled COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program: Addendum on Termination (Termination Addendum), which...more

Environmental Professional Work in the D.C. Metro Area During the COVID-19 Pandemic

Jurisdictions across the United States are responding to the coronavirus (COVID-19) pandemic at the federal, state and local levels by issuing emergency stay-at-home and shelter-in-place orders (Orders) that generally...more

EPA's Enforcement Guidance for Noncompliance During the COVID-19 Pandemic

The U.S. Environmental Protection Agency (EPA) on March 26, 2020, issued a memo called the COVID-19 Implications for EPA's Enforcement and Compliance Assurance Program. EPA's temporary policy is that it will exercise...more

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