In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more
6/4/2025
/ Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
Rulemaking Process ,
SCOTUS
Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more
3/11/2025
/ CEQ ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Final Rules ,
Government Agencies ,
NEPA ,
Regulatory Authority ,
Regulatory Reform ,
Rulemaking Process
With unified control of Congress and the White House, Republicans are primed to use the CRA to swiftly overturn regulations promulgated in the final months of the Biden Administration.
The Congressional Review Act (CRA)...more
12/12/2024
/ Agency Disapproval ,
Biden Administration ,
Chevron Deference ,
Clean Air Act ,
Compliance ,
Congressional Review Act ,
Corporate Counsel ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Expedited Actions Process ,
GAO ,
Greenhouse Gas Emissions ,
Joint Resolutions ,
Legislative Agendas ,
Loper Bright Enterprises v Raimondo ,
Methane ,
Regulatory Agenda ,
Repeal ,
Reporting Requirements ,
Rollbacks ,
Toxic Substances Control Act (TSCA) ,
Trump Administration
The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA).
While the decision does not invalidate any actions...more
11/15/2024
/ Administrative Procedure Act ,
Appeals ,
Article II ,
CEQ ,
Clean Energy ,
Climate Change ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Federal Aviation Administration (FAA) ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
NEPA ,
SCOTUS ,
Separation of Powers ,
Statutory Authority
As companies are increasingly defending against lawsuits over allegedly greenwashed marketing campaigns, federal agencies and the Biden Administration are considering codifying relevant non-binding guidance, currently under...more
The Federal Acquisition Regulatory Council has issued a far-reaching proposed rule that requires significant greenhouse gas reporting and emission reduction obligations for federal contractors.
Most federal contractors,...more
The Federal Acquisition Regulatory Council recently issued a far-reaching proposed rule that includes significant compliance obligations for contractors related to their greenhouse gas emissions.
Most federal contractors,...more
New federal health advisory levels for per- and polyfluoroalkyl substances reflect added stringency of PFAS regulation and raise concerns about effective monitoring.
The Biden Administration’s EPA continues its push to...more
New EPA policy guides regulated parties through environmental compliance challenges during the COVID-19 pandemic.
On March 26, EPA issued a “temporary” policy outlining its plans for approaching civil enforcement in...more
The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more
1/15/2020
/ CEQ ,
Comment Period ,
Deregulation ,
Energy Projects ,
Energy Sector ,
Environmental Impact Report (EIR) ,
Infrastructure ,
NEPA ,
NPRM ,
Proposed Regulation ,
Public Hearing ,
Trump Administration
On February 9, 2016, the Supreme Court of the United States issued an unprecedented grant of applications to stay the Clean Power Plan, President Obama’s signature climate change rule. The rule is being challenged in the U.S....more
On April 24, the Supreme Court issued a 6-2 decision in EPA v. EME Homer City Generation, L.P., No. 12-1182, 572 U. S. ____, 2014 WL 1672044 (2014), upholding EPA’s latest version of a regional cap-and-trade program under the...more
On December 30, 2013, the U.S. Environmental Protection Agency (“EPA”) amended its “All Appropriate Inquiries” rule, which sets out the standard for environmental due diligence in commercial and industrial property...more
1/9/2014
/ ASTM ,
CERCLA ,
Contaminated Properties ,
Due Diligence ,
Environmental Assessments ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Review ,
Hazardous Substances ,
Land Developers ,
Real Estate Market ,
Superfund ,
Vapor Intrusion
In April 2013, U.S. EPA’s Office of Solid Waste and Emergency Response issued two guidance documents on soil vapor intrusion. One addresses general soil vapor intrusion issues, while the other is specific to petroleum vapor...more