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The CEQ has No Clothes: The End of CEQ’s NEPA Regulations and the Future of NEPA Practice

On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more

Federal Surface Transportation Agencies Issue Updated Guidance for Section 139 Environmental Review and Permitting Process

The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) (the Agencies) recently issued updated guidance for implementing 23 U.S.C. § 139 (Section 139)....more

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

Significant Changes to the National Environmental Policy Act - 2024 Land Use, Environmental & Natural Resources Update

As part of the Fiscal Responsibility Act (also known as the debt ceiling bill) in June 2023, Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since the statute was enacted in 1970....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

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

White House Proposes Overhaul of NEPA Regulations

Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more

CEQ Invites Comments on Potentially Sweeping Changes to NEPA Regulations

The Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that...more

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