News & Analysis as of

Environmental Assessments

Allen Matkins

Governor Newsom Approves Key Housing Bill: AB 2243

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On September 19, 2024, Governor Gavin Newsom approved Assembly Bill (AB) 2243 (Wicks), which amends AB 2011 (Affordable Housing and High Road Jobs Act of 2022), effective January 1, 2025. As explained in our prior legal...more

K&L Gates LLP

Obtaining Clearances Through FDA's Food Contact Notification Program

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The US Food and Drug Administration’s (FDA) formal regulation of food packaging began in 1958 with the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. Since that time, the FDA has employed various...more

Hogan Lovells

Reimagining Real Estate: Repurposing in Italy

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Repurposing a property can unlock new opportunities; however, in Italy this journey is often accompanied by various legal, regulatory, and practical considerations that must be addressed to ensure a successful transition. In...more

King & Spalding

UK Supreme Court: Downstream Emissions Must be Assessed in Environmental Impact Assessments for New Oil and Gas Projects

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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

Bennett Jones LLP

Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

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On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

Hogan Lovells

Actualités Législatives et Réglementaires – Juin 2024

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Le bureau Parisien de Hogan Lovells a le plaisir de vous adresser sa lettre d'information mensuelle qui vous présente les Actualités législatives et réglementaires du mois de juin 2024. Ces Actualités législatives et...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

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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

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

Environmental Assessment/Service Contract: Federal Court Addresses Scope of Indemnity for Alleged Negligence

Co-Author JD Bruning The District Court of Maryland (“District Court”) in an April 9th Opinion addressed an issue involving a contract dispute stemming from an environmental assessment. See District of Columbia Water and...more

NAVEX

What the EU’s Corporate Sustainability Due Diligence Directive Means for U.S. Companies

NAVEX on

The European Union’s Corporate Sustainability Due Diligence Directive (CSDDD), which received formal approval from the European Council on May 24, obliges companies to own up to the environmental and human rights harms they...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

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

Allen Matkins

Renewable Energy Update 6.13.24

Allen Matkins on

A U.S. district judge has dismissed claims by Native American tribes and environmentalists who sought to halt construction along part of a $10 billion energy transmission line that will carry wind-generated electricity from...more

King & Spalding

National Environmental Policy Act Implementing Regulations Revisions Phase 2

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The White House's Council on Environmental Quality (“CEQ”) recently finalized its “Phase 2” rule, which revises CEQ’s National Environmental Policy Act (“NEPA”) regulations. The rule aims to accelerate NEPA project review by...more

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more

Cozen O'Connor

New York Note – End of 2024 Session, Congestion Pricing, Green Fast Track, City Legislation

Cozen O'Connor on

The New York State Legislature concluded the 2023-2024 session on Saturday. The legislature did not develop a plan for a revenue source to replace toll revenue from congestion pricing, which the Governor indefinitely...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

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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

Cozen O'Connor

Green Fast Track for Housing is Now in Effect

Cozen O'Connor on

Mayor Eric Adams’ “Green Fast Track for Housing” initiative went into effect June 3, 2024, with the aim of shortening the lengthy environmental review process for certain residential developments reviewed by the City Planning...more

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

Mining/National Environmental Policy Act: Federal Appellate Court Addresses U.S. Forest Services Use of Categorical Exclusions

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in a May 21st Opinion whether the United States Forest Service (“Service”) violated the National Environmental Policy Act (“NEPA”). See Friends...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

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This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Vinson & Elkins LLP

The New NEPA Regulations: What You Need to Know About the “Significant Effects” the Final Phase 2 Rule Could Have on Permitting...

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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

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Streamlining NEPA Review

Nossaman LLP on

This is the third 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 on Environmental Quality (CEQ). The Final Rule...more

Allen Matkins

Significant Changes to the National Environmental Policy Act - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

As part of the Fiscal Responsibility Act (also known as the debt ceiling bill) in June 2023, Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since the statute was enacted in 1970....more

Blake, Cassels & Graydon LLP

Répartition des compétences : Modifications proposées à la Loi sur l’évaluation d’impact du Canada

Le gouvernement fédéral du Canada (le « gouvernement fédéral ») propose d’apporter des modifications à la Loi sur l’évaluation d’impact (la « LEI ») qui, d’après lui, visent à garantir la solidité de celle-ci sur le plan...more

Locke Lord LLP

Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

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Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”)....more

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