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
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
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
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
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
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
1/14/2020
/ CEQ ,
Congressional Review Act ,
Environmental Assessments ,
Environmental Policies ,
Environmental Review ,
Fixing America’s Surface Transportation Act (FAST Act) ,
NEPA ,
Notice of Intent ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment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
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
4/17/2018
/ 5G Network ,
Cell Towers ,
Deregulation ,
Environmental Assessments ,
FCC ,
Infrastructure ,
Land Use Restrictions ,
NEPA ,
NHPA ,
Statutory Requirements ,
Technology Sector ,
Telecommunications ,
Tribal Lands ,
Wireless Devices ,
Wireless Industry
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