News & Analysis as of

Energy Projects National Environmental Policy Act

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

Jenner & Block

Supreme Court Limits Scope of NEPA’s Analysis of Upstream and Downstream Environmental Impacts of Federal Actions

Jenner & Block on

On May 29, 2025, in a 8-0 ruling (Justice Gorsuch recused himself from the case), the Supreme Court held that the U.S. Court of Appeals for the D.C. Circuit erred in requiring federal regulators to evaluate the potential...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

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

Dorsey & Whitney LLP on

On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Akin Gump Strauss Hauer & Feld LLP

Supreme Court Clarifies NEPA Scope in Seven County Decision, Distinguishes Sabal Trail

In a significant decision issued on May 29, 2025, the U.S. Supreme Court found that the Surface Transportation Board (the Board) was entitled to substantial deference under the National Environmental Policy Act (NEPA) and...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

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Troutman Pepper Locke

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

Troutman Pepper Locke on

On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more

Beveridge & Diamond PC

New NEPA Limits on the Horizon

New NEPA Limits on the Horizon - It has been a year of major change for the National Environmental Policy Act (NEPA), marked by various court decisions, executive orders, and the Council on Environmental Quality’s (CEQ)...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

King & Spalding

Supreme Court Limits NEPA Scope and Emphasizes Deference to Agencies

King & Spalding on

On May 29, 2025, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County that promises to significantly alter the scope of judicial review of environmental reviews performed under the...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Restores Agency Deference In NEPA Reviews

On May 29, 2025, the United States Supreme Court issued an 8-0 opinion in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. that affirmed agency deference in review of environmental documents...more

Goldberg Segalla

NEPA’s Greenhouse Gas Guidance Blown Up In Smoke

Goldberg Segalla on

In the latest NEPA news, the Council on Environmental Quality (CEQ) published a notice in the Federal Register announcing the withdrawal of its interim guidance on “Consideration of Greenhouse Gas Emissions and Climate...more

Dorsey & Whitney LLP

The Supreme Court Update - May 29, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision today: Seven County Infrastructure Coalition v. Eagle County, Colorado, No. 23-975: This case concerns the scope of federal court review over an agency’s...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

Perkins Coie

Trump Administration Launches Sweeping Initiative to Advance Deployment of Nuclear Technology

Perkins Coie on

On Friday, May 23, 2025, President Trump signed four executive orders related to nuclear energy, three of which seek to expedite approval processes for permitting new nuclear reactors. The orders, which build upon...more

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

Vinson & Elkins LLP on

On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Carlton Fields

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

Carlton Fields on

President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews....more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

Troutman Pepper Locke on

On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

Snell & Wilmer on

On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Pillsbury Winthrop Shaw Pittman LLP

White House Directs Modernization of NEPA Permitting to Accelerate Environmental Reviews

The Trump administration’s directive instructs the Council on Environmental Quality to implement technological reforms and establish a unified federal system to conduct environmental reviews and evaluate permits....more

Hogan Lovells

INL issues second report recommending improvements to nuclear licensing

Hogan Lovells on

Idaho National Laboratory (INL), a U.S. Department of Energy (DOE) National Laboratory, has published an updated set of recommendations to reform and streamline nuclear energy licensing. The INL/RPT-25-84292, “Recommendations...more

Holland & Knight LLP

DOI Implements Unprecedented 14-Day NEPA Review Process Under National Energy Emergency EO

Holland & Knight LLP on

In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...more

147 Results
 / 
View per page
Page: of 6

"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.
- hide
- hide