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CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

NEPA Practice Without CEQ Regulations

By directing the Council on Environmental Quality (CEQ) to propose rescinding CEQ’s National Environmental Policy Act (NEPA) regulations, President Donald Trump’s executive order on “Unleashing American Energy” affects not...more

DC Circuit Rejects CEQ’s Rulemaking Authority

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

CEQ Finalizes NEPA Phase Two Rulemaking

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

BOEM Announces Regional Environmental Analysis of Floating Wind Energy Development Offshore California

The Bureau of Ocean Energy Management (BOEM) published on December 20, 2023, its notice of intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) of reasonably foreseeable impacts of floating offshore...more

The High Seas Treaty: A Historic Agreement To Protect International Waters

All Member States of the United Nations (UN) Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) reached an agreement on March 4, 2023, regarding an international treaty governing...more

CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPA

The Council on Environmental Quality (CEQ) published guidance on January 9, 2023, regarding how to evaluate greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act (NEPA), which requires...more

White House Releases Version 1.0 of Climate and Economic Justice Screening Tool

The Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool (CEJST) on Tuesday, November 22, 2022. This tool is a key component of the administration’s environmental justice...more

Changes to the Environmental Review Process for Surface Transportation Projects in the Infrastructure Investment and Jobs Act

The Infrastructure Investment and Jobs Act, which President Biden is expected to sign into law, contains some important changes to the federal environmental review process for surface transportation projects. Most...more

Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration. The Proposed Rule, published in the October 7, 2021 Federal...more

Department of Transportation Proposes New NEPA Procedures

The U.S. Department of Transportation has proposed comprehensive changes to update its procedures under the National Environmental Policy Act in response to the Council on Environmental Quality’s July 16, 2020, overhaul of...more

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