Trump's Proposed NEPA Regulations Likely to Face Legal Challenge

The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA)—the most significant of which are likely to face legal challenge. The proposed regulations aim to “modernize and clarify” the current regulations “to facilitate more efficient, effective, and timely NEPA reviews by federal agencies in connection with proposals for agency action.”1 NEPA regulatory reform has been a topic of discussion for several decades, and calls for reform have come from Congress, multiple presidential administrations and affected industries. The proposed regulations, which would be the first comprehensive update to the NEPA regulations since 1978, incorporate a mixture of responses to case law, executive orders, previous administrative guidance and agency practices. Much has already been written detailing the proposed changes and their potential impacts. This alert focuses on an under-explored issue: how and why the proposed regulations might be delayed, stayed or overturned by the courts. We have identified three specific grounds on which the regulations could face legal challenge: the elimination of cumulative effects analysis, the revised definition of “major federal action” and the expanded role of project proponents in the NEPA process. We analyze whether those provisions are consistent with existing case law and offer recommendations for project proponents to minimize the risk of project delay or denial of necessary permits as a result of potential legal challenges to those provisions.

I. Background

On January 10, 2020, the Council on Environmental Quality (CEQ) issued a notice of proposed rulemaking for revised NEPA regulations. CEQ is accepting public comments on the proposed regulations until March 10, 2020.2 At the close of the comment period, CEQ will revise the proposed regulations to the extent necessary to incorporate the rulemaking record, including pertinent data, expert opinions and public comments. CEQ will then publish the final rule in the Federal Register, which would go into effect 60 days later. Federal agencies would then have up to one year to revise their own NEPA regulations to correspond with the new CEQ rules. The agency-specific regulations may not impose additional procedures or requirements beyond those proposed by CEQ. 85 Fed. Reg. 1684, 1693.

Because NEPA reform is one of President Trump’s priorities, we expect the Administration to complete rulemaking before the end of the term. Regardless of when it is finalized, however, the final rule will likely be subject to both facial and as-applied legal challenges, especially lawsuits brought by environmental organizations and possibly by some states. Challengers would likely seek to enjoin the final rule from going into effect while the litigation is pending, which may delay implementation of the final rule. And, because CEQ is an administrative branch of the White House, challenges to its rules are not automatically heard in the US Court of Appeals for the District of Columbia Circuit. This means that lawsuits challenging the new rule, and future NEPA reviews based on the revised policies, could be filed in district courts across the country, ultimately creating a patchwork of conflicting rulings. Additionally, congressional Democrats have already expressed their intention to utilize the Congressional Review Act to bar implementation of the final rule if Democrats were to gain control of the White House and Congress in 2020.3 

II. Anticipated Challenges to the Proposed Regulations

Three provisions of the proposed regulations that are potentially subject to challenge include: elimination of cumulative effects analysis, the revised definition of “major federal action” and the expanded role of project proponents. 

A. Elimination of Cumulative Effects Analysis

In perhaps the most significant change, CEQ would no longer require an analysis of cumulative effects under NEPA. 85 Fed. Reg. 1684, 1708. The current NEPA regulations require an evaluation of cumulative effects, which are defined as “the impact on the environment which results from the incremental impact of the action when added to other past, present, and reasonably foreseeable future actions . . . .” 40 C.F.R. § 1508.7; see also 42 U.S.C. § 4332. The proposed regulations would eliminate this definition, and with it the requirement to analyze cumulative impacts. 85 Fed. Reg. 1684, 1708. Opponents would take the position that this change significantly narrows the scope of an environmental analysis because a reviewing agency could, arguably, decline to analyze the impacts of related, reasonably foreseeable environmental impacts.

In addition, opponents would likely argue that this provision of the proposed regulations conflicts with established case law in certain jurisdictions. To the extent courts have interpreted the NEPA statute as requiring consideration of cumulative impacts, those decisions would remain binding on agencies in those jurisdictions, notwithstanding the proposed changes in CEQ’s regulations. For example, several federal courts have held that in order to satisfy NEPA’s requisite “hard look,” an environmental analysis must consider cumulative impacts of a project. See, e.g., Twp. of Bordentown, New Jersey v. Fed. Energy Regulatory Comm’n, 903 F.3d 234, 258 (3d Cir. 2018) (holding that “[u]nder NEPA and its implementing regulations” an agency must analyze cumulative impacts to determine whether the major action will significantly affect the human environment). Challengers to the final rule would thus be expected to argue that this precedent requires agencies to conduct cumulative effects analysis. Similarly, where courts have interpreted the NEPA regulations only—not the statute—to require cumulative effects analysis, we would expect opponents to argue that NEPA’s statutory language requires all projects to consider cumulative effects, regardless of whether the regulations require such analysis. See, e.g., Dine Citizens Against Ruining Our Env’t v. Bernhardt, 923 F.3d 831, 857 (10th Cir. 2019) (holding that, under the NEPA regulations, an Environmental Impact Statement must assess the cumulative impacts of a proposed federal action).

B. Definition of “Major Federal Action” 

NEPA requires a “detailed statement” for major federal actions significantly affecting the quality of the environment and which are “potentially subject to Federal control and responsibility.” 40 C.F.R. § 1508.18. Under current NEPA regulations, agency policies (including rules, regulations and interpretations), plans, programs and project permits can constitute “major” federal actions. Id.

Under the proposed regulations, CEQ gives the terms “major” and “significant” independent meaning. 85 Fed. Reg. 1684, 1729. CEQ proposes to change the definition of a major federal action to “an action subject to Federal control and responsibility with effects that may be significant.” Id. (Emphasis added). An action under the proposed rule is not “subject to Federal control” if it is a “non-Federal project[] with minimal Federal funding or minimal Federal involvement where the agency cannot control the outcome of the project.” As a result, even if such a project has a significant environmental impact, it would not qualify as a “major federal action” and thus would not be subject to NEPA review.

CEQ offers by way of example an infrastructure project primarily funded through private or local sources with a small amount of federal funding. In that scenario, the NEPA review would be confined to that portion of the project that is federally funded or requires a federal permit. This proposed change would limit the number of projects that undergo NEPA review by excluding major projects where the agency does not have a significant role and/or cannot control the outcome of the project through NEPA review. For example, this streamlined definition could mean a shorter pathway for the construction of pipelines that minimally cross federal land or waters but are otherwise on state or private land. For example, the Dakota Access Pipeline and other projects have been subject to delay from challengers seeking to block projects that extract, transport or burn fossil fuels linked to climate change. 

The proposed definition of what constitutes a “major federal action” is consistent with existing case law that considers (1) the amount and nature of federal funding, and (2) the level of federal involvement or control in considering whether an action constitutes a “major federal action.” See, e.g., Rattlesnake Coalition v. U.S. E.P.A., 509 F.3d 1095, 1101 (9th Cir. 2007) (holding that a plan for which federal funds comprised less than 6% of the total estimated budget did not constitute a federal action); Touret v. National Aeronautics and Space Admin., 485 F. Supp. 2d 38, 42–43 (D.R.I. 2007) (holding that, in order for a project to be deemed a major federal action, there must be more than mere approval by the federal government of private party action, and agency involvement in the project must be more than minimal, incidental or marginal). The proposed regulations expressly exclude from the definition of “major federal action” nondiscretionary decisions made under statutory authority, those which do not require a final agency action, and nonfederal, privately funded projects with (undefined) minimal federal funding, involvement or responsibility. 85 Fed. Reg. 1684, 1729. The established precedent should aid agencies’ ability to embrace the new rule. But given the new regulations’ better-defined exclusion of proposed projects lacking federal dollars or control, proponents should expect environmental groups to challenge agency decisions to forgo NEPA review of even minor federal actions. In instances where the agency determines no environmental review or an abbreviated review is necessary under the new rule, challengers will likely argue that an analysis is still required under the NEPA statute—despite the new rule’s exclusion of certain projects—particularly for actions that have significant environmental impacts regardless of the level of federal control.

C. Role of Project Proponent

The proposed regulations also seek to expand the role of the project proponent, with the intent of making the NEPA process more efficient and flexible. 85 Fed. Reg. 1684, 1704. Both the current and proposed regulations allow a project proponent to provide information to the agency for use in the agency’s analysis and allow project proponents to prepare an Environmental Assessment. But the proposed regulations differ significantly as to who may prepare an Environmental Impact Statement (EIS). 

Under the current regulations, project proponents may not prepare an EIS or select the contractor to do so. 40 C.F.R. § 1506.5(c). An EIS may be prepared only by the lead agency, a cooperating agency, or a contractor selected by the lead or a cooperating agency. Id. Contractors must certify in writing that they have no “financial or other interest in the outcome of the project.” Id. The proposed regulations would eliminate the restriction on who may prepare an EIS and the requirement that contractors certify that they do not have a conflict of interest. 85 Fed. Reg. 1684, 1704. Under the proposed rule, a project proponent could be directly involved in the preparation of the EIS—and would even be permitted to prepare the EIS itself—subject to the guidance, oversight and ultimate review of the relevant federal agencies. Id. Notably, though, the proposed regulations retain the existing requirement that the federal agency “independently evaluate” any analysis prepared by a contractor or project proponent and “take responsibility for its scope and contents.” Id. at 1725. 

Case law regarding the role of the project proponent and NEPA contractor selection interpret the current regulations, not the statute itself, so arguably those cases may not be binding on proponents. See, e.g., Communities Against Runway Expansion, Inc. v. F.A.A., 355 F.3d 678, 686 (D.C. Cir. 2004); Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 202 (D.C. Cir. 1991). These cases look at whether the preparation of an EIS compromises the objectivity and integrity of the NEPA process. See, e.g., Associations Working for Aurora’s Residential Env’t v. Colorado Dep’t of Transp., 153 F.3d 1122, 1129 (10th Cir. 1998).

Nonetheless, project proponents who wish to conduct their own NEPA analysis or be involved in the selection of a NEPA contractor should seek to avoid any interaction that could give the appearance of a conflict of interest. Even under the new rule, courts may continue to focus on whether the proponent’s involvement compromised the “objectivity and integrity” of the NEPA process. For instance, we would expect challengers to argue that an EIS prepared by a project proponent or self-interested contractor cannot provide the basis for the lead agency to take a “hard look” at the environmental consequences of the proposed action, as NEPA requires. See, e.g., Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350 (1989). And even under the new rules, courts will continue to scrutinize whether the agency conducted the requisite independent evaluation of NEPA documents prepared by a contractor or project proponent. See 85 Fed. Reg. 1684, 1725. Thus, to withstand challenge, the federal agency must “not reflexively rubber stamp a statement prepared by others,” but must build a record that demonstrates that the agency has “carefully reviewed it and verified its data.” Save Our Wetlands, Inc. v. Sands, 711 F.2d 634, 642-43 (5th Cir. 1983).

III. Conclusion and Predictions

While the proposed regulations have been alternately lauded (by the Administration and industry generally) and criticized (by environmentalists) as a complete overhaul of the NEPA regulations, to the extent they codify existing case law, executive orders and agency guidance, many of the current NEPA processes would remain the same under the proposed regulations. However, to the extent the provisions depart from the current regulations and conflict with case law interpreting NEPA, there will likely be legal challenges to the final rule. 

Ultimately, if upheld, the proposed regulations could streamline federal environmental review. Nonetheless, project proponents should be mindful of potential litigation risks in the planning stages of any projects requiring federal approval. If an agency relies on a provision of the final rule in its environmental analysis of a project and opponents challenge that provision in court, the resulting litigation could delay the permitting process, costing the project proponent significant resources.

Footnotes - 

  1. Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act, 85 Fed. Reg. 1684 (Jan. 10, 2020).
  2. As of the date of publication of this client alert, the deadline for public comments has not been extended, although there have been many requests for extension, including from Democratic lawmakers. See, e.g., Rachel Frazin, More than 320 groups seek more time to comment on Trump environmental law changes, THE HILL (Jan. 24, 2020). 
  3. See Dan Bosch and Ewelina Czapla, AM. ACTION FORUM, Will Proposed NEPA Rule Achieve its Goals? (Jan. 14, 2020). The Congressional Review Act of 1996 provides procedures by which Congress may disapprove federal agency rulemakings by enacting a joint resolution of disapproval. 5 U.S.C. §§ 801–808.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© WilmerHale | Attorney Advertising

Written by:

WilmerHale
Contact
more
less

WilmerHale on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.