On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more
On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more
Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more
On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)....more
On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more
On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more
The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more
There is more uncertainty today about how to implement the National Environmental Policy Act (NEPA) than at any time in decades. NEPA is one of the primary laws governing the timeline for federal agency permits and serves as...more
On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more
The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more
A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more
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
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more
In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more
On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...more