News & Analysis as of

Biden Administration Environmental Impact Statements

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

Vinson & Elkins LLP on

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more

K&L Gates LLP

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

K&L Gates LLP on

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

ArentFox Schiff

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

ArentFox Schiff on

The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more

Pierce Atwood LLP

Council on Environmental Quality Proposes Substantial Revisions to NEPA

Pierce Atwood LLP on

The White House Council on Environmental Quality (CEQ) recently published a proposed rule that makes substantial revisions to the National Environmental Policy Act (NEPA) regulations, implementing the amendments directed by...more

Foley Hoag LLP - Environmental Law

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

Downey Brand LLP

The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project Review

Downey Brand LLP on

On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (“FRA”) into law, extending the U.S. debt limit into 2025. As part of the Congressional deal, FRA also contains amendments to the National...more

Holland & Knight LLP

Inflation Reduction Act Advances Stalled Offshore Oil and Gas Lease Sales

Holland & Knight LLP on

The Inflation Reduction Act (the Act), which passed the U.S. Senate on Aug. 7, 2022, requires that previously announced offshore lease sales in the Gulf of Mexico and Alaska be held during the next two years....more

Mayer Brown

US Offshore Wind Development: 2021 Year in Review and Looking Ahead

Mayer Brown on

The new year has only just begun, and it is already shaping up to be another exciting one for the energy transition. In the US and elsewhere, governments, traditional and non-traditional energy corporations, and investors are...more

Mayer Brown

Interior Department: Three Milestones for Offshore Wind Energy Development in the Atlantic and Gulf of Mexico

Mayer Brown on

On October 28, 2021, in furtherance of the Biden-Harris administration’s goal of deploying 30 gigawatts (GW) of offshore wind energy by 2030, the US Department of the Interior announced three major offshore wind development...more

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

National Environmental Policy Act: Council of Environmental Quality Proposal to Withdraw Trump Era Rules

The Council on Environmental Quality published in the October 7th Federal Register at Notice of Proposed Rulemaking (“NPR”) to withdraw certain Trump Administration revisions to its National Environmental Policy Act (“NEPA”)...more

WilmerHale

Recent Developments in EJ Enforcement and Permitting

WilmerHale on

The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

Pillsbury Winthrop Shaw Pittman LLP

Biden’s Infrastructure Bill and the Promise of NEPA Reform

The current bill contains several provisions which would significantly alter the requirements of National Environmental Policy Act review, but it remains to be seen whether those changes will survive House review. The...more

Latham & Watkins LLP

CEQ Issues Report to Congress on CCUS

Latham & Watkins LLP on

CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

Perkins Coie

Managing Conflict: Department of the Interior Implementation of 2020 NEPA Regulations

Perkins Coie on

The secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the...more

(ACOEL) | American College of Environmental...

Houston Highway Tests Biden’s Promise of Equitable Infrastructure

The Biden Administration has acknowledged the racist history of the U.S. interstate highway system and its ongoing negative impacts on many Black neighborhoods. Presidential Memorandum on Redressing Our Nation’s and the...more

Allen Matkins

California Environmental Law & Policy Update - March 2021 #2

Allen Matkins on

Senate confirms Biden’s pick to lead EPA - The New York Times – March 10 - The Senate on Wednesday confirmed Michael S. Regan, the former top environmental regulator for North Carolina, to lead the U.S. Environmental...more

Holland & Knight LLP

FERC To Natural Gas Pipeline Industry: What about Environmental Justice?

Holland & Knight LLP on

The Federal Energy Regulatory Commission (FERC) recently invited public comment on environmental justice matters it may consider in future natural gas pipeline certificate proceedings, reopening a three-year-old notice and...more

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Allen Matkins

California Environmental Law & Policy Update - January 2021 #4

Allen Matkins on

Biden, emphasizing job creation, signs sweeping climate actions - The New York Times – January 27 - President Biden on Wednesday signed a series of executive actions, ranging from pausing new federal oil leases to...more

Akin Gump Strauss Hauer & Feld LLP

Biden’s First Climate Actions Drill Down on Oil and Gas Leasing in the Arctic, and Beyond

Key Points - The Biden administration’s Day One climate actions have put traditional energy sources squarely in its crosshairs. In addition to rejoining the Paris Agreement, the administration paused the issuance of oil...more

Allen Matkins

California Environmental Law & Policy Update - December 2020

Allen Matkins on

U.S. EPA recommends testing wastewater for PFAS - Bullet Chemical & Engineering News – December 1 - Certain facilities may have to test for the presence of per- and polyfluoroalkyl substances (PFAS) in their...more

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