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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

Ninth Circuit Upholds Environmental Assessment for Highway Project in State Park

Courts reviewing an agency’s environmental assessment under NEPA may not speculate about potential significant environmental effects that are not supported by the record — they must defer to the agency’s reasonable...more

Ninth Circuit Clarifies When Uncertainty Requires an Environmental Impact Statement

A federal agency is not required to prepare an environmental impact statement for an action with uncertain environmental effects if the agency reasonably predicts that the effects will not be significant based on available...more

Environmental Impact Statement Required Due to Conflicting Evidence About Project’s Effects

An agency must prepare an environmental impact statement when it fails to address expert scientific evidence that undermines its conclusions about a project’s environmental effects. An agency also must prepare an EIS when...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

Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPA

The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more

FCC Reduces Regulatory Barriers to 5G Wireless Deployment

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented...more

Failure To Identify Preferred Alternative Dooms EIR

A draft EIR that studies five very different project alternatives without identifying a preferred alternative violates CEQA by failing to provide the public with a stable project to review, the court of appeal held in Washoe...more

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