News & Analysis as of

Administrative Procedure Act Environmental Impact Report (EIR)

Foley Hoag LLP - Environmental Law

If CEQ No Longer Implements NEPA, Is that Good or Bad for Project Developers?

Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more

(ACOEL) | American College of Environmental...

What’s the Big Deal With NEPA?

Congress passed, and President Richard Nixon signed, the National Environmental Policy Act (“NEPA”) in 1970. The legislation is deceptively simple, taking up less than six pages upon enactment. It requires a federal agency...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Central North Dakota Water Supply Project: Missouri Files Federal District Court Action Alleging Administrative Procedure...

The Missouri Attorney General and Missouri Department of Natural Resources (collectively, “Missouri”) filed a Complaint in the United States District Court for the Western District of Missouri on February 5th against: -...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

Perkins Coie

Air Resources Board’s Regulatory Relief For Small Truck Fleets Violated CEQA

Perkins Coie on

A court of appeal has held that the California Air Resources Board violated CEQA when it issued a “regulatory advisory” notifying small trucking operations that they need not meet ARB’s regulatory deadline for retrofitting...more

Sheppard Mullin Richter & Hampton LLP

Tenth Circuit Holds Bureau of Land Management Improperly Relied On Unsupported and Irrational Assumption in Analyzing...

WildEarth Guardians v. United States Bureau of Land Management, et al., 870 F.3d 1222 (10th Cir. 2017). WildEarth Guardians and the Sierra Club (collectively, “Plaintiffs”) brought a claim under the Administrative Procedure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wind Farm/Transmission Line: Federal Court Addresses Whether Facility Operations Can Continue Pending NEPA Supplemental EIS...

A United States District Court (Southern District California)(“Court”) addressed a dispute as to the appropriate remedy for a constructed wind farm and transmission line (collectively “Project”) whose United States Department...more

Perkins Coie

FERC Failed to Adequately Consider Environmental Impacts of Downstream GHG Emissions Under NEPA Says D.C. Circuit

Perkins Coie on

The U.S. Court of Appeals for the District of Columbia last week vacated and remanded a 2016 Order by the Federal Energy Regulatory Commission that had authorized construction and operation of the Southeast Market Pipelines...more

Pillsbury - Gravel2Gavel Construction & Real...

9th Circuit Upholds Lake Tahoe Regional Development Plan Update

Affirming the district court, the U.S. Court of Appeals for the Ninth Circuit rejected claims that the environmental impact statement (EIS) adopted by the Tahoe Regional Planning Agency supporting the Regional Plan Update...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

Foley Hoag LLP - Environmental Law

If You Don’t Like Nukes, Petition Congress: The D.C. Circuit Affirms the NRC’s GEIR On Nuclear Waste Storage

On Friday, the D.C. Circuit Court of Appeals rejected challenges by several states and the NRDC to the Nuclear Regulatory Commission’s Generic Environmental Impact Statement analyzing the impacts of continued on-site storage...more

BakerHostetler

NEPA Watch – House Proposes Legislation To Streamline NEPA Reviews

BakerHostetler on

On July 10, 2013, Rep. Tom Marino (R-PA) introduced a bill in the House that would amend the Administrative Procedure Act (APA) to streamline the environmental review process under the National Environmental Policy Act...more

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