Latest Posts › NEPA

Share:

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

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

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

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

A Court-Side Seat: SCOTUS Decides Another Regulatory “Takings” Case; A Flurry of Action at EPA

This is a brief account of some of the important environmental and administrative law cases recently decided. THE U.S. SUPREME COURT  - Pakdel v. City and County of San Francisco - On June 28, 2021, the Supreme Court decided...more

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

A Court-Side Seat: An OSHA PSM Case, State Litigation Unmoved, New EPA Funding and Special Safety Standards for New Passenger Rail

This roundup of recent environmental and regulatory law rulings and rulemakings includes an EPA deadline extended, a NEPA exclusion and PSM application upheld, and an unsuccessful appeal to the federal officer removal...more

A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around

Our latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay....more

Trump Administration Finalizes Updates to NEPA Regulations

The final NEPA rule substantially revises environmental review procedures and incorporates most of the perceived controversial changes proposed last January, including elimination of cumulative impact analysis, and shortening...more

A Court-Side Seat: February in the Federal Appellate Courts

It’s been an active month in terms of recent environmental and administrative law cases decided by the federal appellate courts. Flood Control and the Endangered Species Act. ...more

A Court-Side Seat: January 2020 Environmental Rulings of Interest

January has been a busy month for the Fifth Circuit, which has issued a number of significant rulings....more

Proposed NEPA Regulations Would Streamline Analysis and Eliminate Cumulative Impacts

The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more

Environmental and Regulatory Highlights of the Fall 2019 Unified Agenda of Regulatory Actions

In late December, the Office of Management and Budget (OMB) released the “Fall 2019 Unified Agenda of Regulatory Actions” just a few days before the Calendar turned to the year 2020....more

Recent Environmental Cases: Something in the Water, in the Air and in the Woods

State of Texas, et al. v. US EPA. The revised regulatory definition of “Waters of the U.S.” continues to generate litigation in the federal courts....more

Environmental Roundup – April 2019

Besides showers, this April brought a number of notable new environmental decisions issued by the federal courts. ...more

Council on Environmental Quality and Office of Management and Budget Issue Joint Guidance for State Transportation Departments...

On February 26, 2019, the Council on Environmental Quality (CEQ) and Office of Management and Budget (OMB) issued a joint memorandum (Memo) clarifying how state transportation departments that have been delegated...more

Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River

On March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of...more

DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

On February 14, the U.S. District Court for the District of Columbia dismissed the complaint of the National American Butterfly Association (NABA) alleging that the U.S. Government’s border wall preparation and law...more

Ninth Circuit Affirms Grant of Summary Judgment to DHS in Executive Order 13767-Related Litigation

On February 11, the U.S. Court of Appeals for the Ninth Circuit affirmed the District Court’s decision to grant a motion for summary judgment disposing of a complaint that the decision of the Secretary of Homeland Security...more

Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

On October 29, the U.S. Department of Transportation (DOT) published a final rule in the Federal Register which amends and revises the environmental National Environmental Policy Act (NEPA) procedures rules employed by the...more

Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

In a Memorandum dated October 19, 2018 and entitled Promoting the Reliable Supply and Delivery of Water in the West, the President has directed the Secretaries of the Interior and Commerce to work together to minimize...more

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

D.C. Circuit Rejects FERC’s Licensing Decision, Vacating and Remanding the Matter for Further Work

Another important case was decided by U.S. Court of Appeals for the D.C. Circuit on July 6, American Rivers and Alabama Rivers Alliance v. FERC. The Alabama Power Company, whose application to re-license its electrical power...more

141-Page Environmental Report was Legally Sufficient for Small Scale Project

On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of Transportation. The Seventh Circuit affirmed the District Court’s oral ruling that the...more

53 Results
 / 
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide