News & Analysis as of

Energy Projects Administrative Procedure Act

Robinson+Cole Environmental Law +

Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed...more

Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

McGlinchey Stafford on

In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Robinson+Cole Environmental Law +

Project Opponents of Empire Wind Strike Back

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a...more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

Perkins Coie on

The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

Schwabe, Williamson & Wyatt PC

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared...more

Steptoe & Johnson PLLC

Infrastructure Projects Win a Victory in the U.S. Supreme Court

A unanimous U.S. Supreme Court ruled on May 29 that lower courts had overstepped their bounds when reviewing federal agency actions pursuant to the National Environmental Policy Act (NEPA). The decision in Seven County...more

Latham & Watkins LLP

US Supreme Court Clarifies Scope of Review Under NEPA

Latham & Watkins LLP on

The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses....more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

Bracewell LLP on

On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Mayer Brown

Unleashing American Energy: Deregulatory Executive Orders

Mayer Brown on

Among other energy-related actions within the first two weeks of April 2025, President Donald Trump signed two executive orders on April 8 and 9 that have the potential to result in significant changes to US federal, state,...more

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

Wind Energy Development/Federal Moratorium: 17 States File Judicial Action Challenging Trump Administration Directive

17 State Attorney Generals filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Massachusetts against the Trump Administration (including various...more

Cozen O'Connor

Democratic AGs Sue Over Access to Clean-Energy Funds

Cozen O'Connor on

A group of four Democratic AGs sued the EPA and Citibank, N.A., as a financial agent for the federal government, alleging that they wrongfully denied the states access to funds appropriated by Congress for clean-energy...more

Foley Hoag LLP - Energy & Climate Counsel

Coming Soon? Rules for Co-Locating Data Centers and Generators in PJM

Some of the biggest questions—and opportunities—facing the electric power sector in 2025 revolve around data centers and how to power them. The U.S. Department of Energy projects that the share of the nation’s electricity...more

Troutman Pepper Locke

President Trump Moves to Repeal NEPA Regulations

Troutman Pepper Locke on

On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more

Ballard Spahr LLP

White House Pauses Federal Funding Under Inflation Reduction Act and Infrastructure Investment and Jobs Acts

Ballard Spahr LLP on

On January 20, 2025, the White House issued an Executive Order titled Unleashing American Energy. Citing the detrimental effect of “ideologically motivated regulations,” the Order broadly establishes a new executive energy...more

Goldberg Segalla

Appellate Court Vacates FERC’s Approval of $950M Natural Gas Pipeline Project

Goldberg Segalla on

Late last month, the U.S. Court of Appeals for the District of Columbia Circuit, in New Jersey Conversation Foundation, et al. v. FERC, unanimously vacated the Federal Energy Regulatory Commission’s (FERC) approval of the...more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

Nossaman LLP on

On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Troutman Pepper Locke

Mountain Valley Pipeline To Resume Construction After Supreme Court Vacates Fourth Circuit’s Order Halting Construction

Troutman Pepper Locke on

On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more

Bracewell LLP

Offshore Wind Litigation: Court Declines to Halt Vineyard Wind Construction

Bracewell LLP on

A federal court has denied a request by members of the fishing industry to pause offshore construction of the Vineyard Wind Project (Project), the first modern utility-scale offshore wind project in the United States to...more

BCLP

How to Become a Nuclear Company

BCLP on

As we discussed in our earlier Article, the Nuclear Energy (Financing) Act, 2022 (the “Nuclear Act”) enacted by the UK Government on 31 March 2022 aims to promote the regulated asset base (“RAB”) model as a method of funding...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

Perkins Coie on

New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Gray Reed

A Big Decision on Texas PSA and Allocation Wells? Not so Fast.

Gray Reed on

In Opiela v. Railroad Commission of Texas and Magnolia Oil and Gas Operating, LLC, an Austin district court determined that the Commission’s Final Order granting a permit for a Production Sharing Agreement well in Karnes...more

Eversheds Sutherland (US) LLP

Update on recent US sanctions developments - Nord Stream 2 sanctions and Exxon Mobil decision

This briefing is intended to provide an update on two recent developments under the US sanctions regime. ..The first one is the introduction of US sanctions related to the Nord Stream 2 pipeline project, which threaten to...more

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