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Addressing Environmental Issues in Real Estate Development
In a highly anticipated judgment, a 3:2 majority of the UK Supreme Court ruled in R (Finch) v Surrey County Council and others [2024] UKSC 20 that environmental impact assessments (EIAs) for fossil-fuel projects must include...more
Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more
In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...more
This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
On March 21, 2024, the Senate Committee on Energy and Natural Resources held a hearing to consider President Biden’s three recent nominations to the Federal Energy Regulatory Commission (“FERC” or “Commission”): (1) David...more
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more
The International Consortium of Investigative Journalists (ICIJ) recently issued a report raising concerns that certain auditing firms had certified client companies’ practices and products as sustainable while ignoring that...more
On January 9, 2023, the White House Council on Environmental Quality (CEQ) published new interim guidance intended to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects of project proposals...more
On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more
The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases. The Court did not leave much doubt that the administration will prevail on the...more
Once again finding the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) environmental assessment (“EA”) analysis of the downstream effect of greenhouse gas (“GHG”) emissions associated with interstate natural...more
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two controversial policy statements that will significantly impact the permitting and construction of new natural gas pipeline...more
Following two weeks of negotiations between delegates from 197 countries, on Friday, November 13, 2021, COP26 concluded in Glasgow, Scotland, culminating in the release of the final COP26 decision, now known as the Glasgow...more
A United States District Court (“E.D. California”) (“Court”) addressed in a September 14th Order a National Environmental Policy Act (“NEPA”) challenge to a groundwater extraction project in the Sacramento River Valley. See...more
Following the Council on Environmental Quality’s (CEQ) July 2020 overhaul of regulations implementing the National Environmental Policy Act (NEPA), environmental plaintiffs filed a series of lawsuits challenging the rule in...more
Last week, Washington became the latest state to address environmental justice (EJ) through legislation by adopting the Healthy Environment for All (HEAL) Act and the Climate Commitment Act into law. The HEAL Act, which is...more
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
On March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised...more
CI Energy Group’s 9th Annual National Symposium on Cumulative Effects Assessment and Environmental Management is taking place virtually on April 28, 2021 (MDT) and delve into practical solutions and gain insight from...more
The Ninth Circuit vacated U.S. Department of the Interior approvals for a proposed offshore oil drilling and production facility in Alaska after finding its EIS improperly failed to consider impacts associated with foreign...more
On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant...more
The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more
Reports on the inevitable death of the fossil fuel industry are overdone (assuming it isn’t kidnapped in the middle of the night by the next administration and murdered by litigation, regulation and executive fiat). ...more
The federal government’s long-awaited overhaul of key environmental laws (Bill C-69, which implements the new Impact Assessment Act, the Canadian Energy Regulator Act and the Canadian Navigable Waters Act and related...more