On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
Addressing Environmental Issues in Real Estate Development
The United States Court of Appeals, Ninth Circuit (“Ninth Circuit”) addressed in an October 17th Memorandum an issue arising under the National Environmental Policy Act (“NEPA”). See American Whitewater, et al., v. U.S....more
Summaries of the agenda items for the Federal Energy Regulatory Commission s monthly open meeting to be held on October 16, 2025, pursuant to the sunshine notice released on October 9, 2025....more
Key Takeaways - Federal and state policymakers are beginning to integrate AI technology for use in National Environmental Policy Act (NEPA) reviews and permitting processes. A recent Department of the Interior (DOI) order...more
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on September 29, 2025, that it determined that MON 95379 Lepidopteran-Protected Maize (corn), which was developed using...more
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on September 4, 2025, that it determined that ISK-311NR-4 phalaenopsis (moth orchid), which was developed using genetic...more
In a recent JDSupra post, I discussed how the NEPA process has historically affected operations at U.S. spaceports and examined how two recent White House executive orders, which roll back the NEPA process and encourage rapid...more
The U.S. District Court for the Southern District of Florida on Aug. 21 ordered the federal government to refrain from sending additional detainees to the detention center known as “Alligator Alcatraz” and to begin...more
David Bowie’s hit song "Space Oddity," about the fictional astronaut Major Tom, was released as a single in 1969. Environmental impact statements (EIS) for rocket launches in the US were not required at that time. Rocket...more
The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more
The U.S. Court of Appeals for the Ninth Circuit ruled that the United States Department of Agriculture did not comply with the National Environmental Policy Act in approving a predator management program for certain...more
The Trump administration came into office in 2025 promising to speed federal environmental permitting by, among other things, streamlining compliance with the National Environmental Policy Act (NEPA). In the whirlwind of the...more
Recent changes to the U.S. Department of Energy’s (DOE’s) procedures for complying with the National Environmental Policy Act (NEPA), geared at streamlining the environmental review process, may offer some benefits to...more
The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more
The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and...more
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more
On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...more
The Department of Transportation (DOT) and several DOT agencies have announced a series of updates to requirements for the agency's implementation of the National Environmental Policy Act (NEPA), including updates to the...more
The budget reconciliation bill signed into law on July 4 (also known as the “One Big Beautiful Bill”) adds a new provision to the National Environmental Policy Act (NEPA) that allows project sponsors/applicants to pay for...more
The Minnesota Court of Appeals (“App. Ct.”) addressed in a January 1, 2025, Opinion an issue arising out of an environmental assessment performed on a laundromat pursuant to a property transaction. See Michelin Properties,...more
B.C. recently introduced and passed Bill 14 – the Renewable Energy Projects (Streamlined Permitting) Act....more
On June 30, 2025, Governor Newsom signed Assembly Bill 130 (AB 130) and Senate Bill 131 (SB 131), two budget trailer bills that significantly modify the California Environmental Quality Act (CEQA), effective immediately. The...more
The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more
AB 2243 (Wicks) amended AB 2011 effective January 1, 2025. As explained in our prior legal alert, AB 2011 provides for “by right” streamlined ministerial (i.e., no CEQA) approval of qualifying mixed-income and affordable...more
Automotive real estate (such as automobile dealerships, agricultural equipment dealers and service centers) straddles retail and industrial uses. This unique characteristic means that buyers and sellers of automotive real...more
The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more