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Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Four Things to Know: Upcoming Changes to NEPA Regulations and Environmental Reviews

On February 19, 2025, the Council on Environmental Quality (“CEQ”) released a pre-publication version of an interim final rule (the “Interim Rule”) to rescind all of CEQ’s previous and current regulations implementing the...more

President Trump’s Executive Orders: Rethinking NEPA Regulations and CEQ’s Role in Federal Environmental Reviews

In his first two days in office, newly inaugurated President Donald J. Trump signed a flurry of Executive Orders, including several aimed at supporting the traditional energy industry. The Unleashing American Energy Executive...more

New Administration: Key Energy Issues Tied to Executive Orders

After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more

Outlook on the New Administration: Council on Environmental Quality and Environmental Reviews under the National Environmental...

In 2020, President-elect Donald Trump promised to ensure that “America’s most critical infrastructure projects” would not be “tied up and bogged down by an outrageously slow and burdensome federal approval process.” Much of...more

The New NEPA Regulations: What You Need to Know About the “Significant Effects” the Final Phase 2 Rule Could Have on Permitting...

On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more

DOE Proposes New and Modified NEPA Categorical Exclusions for Certain Storage, Transmission and Solar Projects

On November 16, 2023, the Department of Energy (“DOE”) issued a notice of proposed rulemaking (“NOPR”) that would amend DOE’s regulations implementing the National Environmental Policy Act (“NEPA”) to add a categorical...more

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more

CEQ’s Proposed NEPA Phase 2 Rule Turns Procedure Into Substance and Could Have "Significant Effects" on Permitting and...

Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more

President Biden Signs Modest Permitting Reforms Into Law with the Debt Ceiling Bill

On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (“the Act”), which includes modest changes to the National Environmental Policy Act (“NEPA”), among other things. The Act amends NEPA in...more

CEQ Releases New Guidance for Assessing Greenhouse Gas Emissions and Climate Change under NEPA

In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more

Navigating The Transition: Key Upstream Issues To Watch In The Biden Administration

Each new presidential administration brings with it its own set of policy goals and priorities. While the text of the environmental laws does not change without an act of Congress, agencies within the executive branch have a...more

Navigating The Transition: Key Infrastructure Issues To Watch In The Biden Administration

Each new presidential administration brings with it its own set of policy goals and priorities. While the text of U.S. environmental law does not change without an act of Congress, agencies within the executive branch have a...more

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

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