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Environmental Impact Statements

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

National Environmental Policy Act/Proposed Amendments: U.S. House of Representatives Committee on Natural Resources (Congressman...

The United States House of Representatives Committee on Natural Resources (“Natural Resources Committee”) held a September 4th Hearing addressing: Discussion Draft of H.R. __ (Rep. Westerman), To amend the National...more

NAVEX

EU Regulations: The New Frontier for Business

NAVEX on

The European Union is a hotbed of regulatory activity, with new laws and directives constantly reshaping the business landscape. These changes can seem overwhelming, but understanding them is vital for any company operating...more

Davis Wright Tremaine LLP

Latest NIST Guidance Identifies Generative AI Risks and Corresponding Mitigation Strategies

On July 26, NIST released a final version of its Generative Artificial Intelligence Profile (GenAI Profile), a cross-sectoral profile of and companion to the AI Risk Management Framework (AI RMF) (for further detail on the AI...more

Allen Matkins

Renewable Energy Update 8.05.24

Allen Matkins on

According to the Department of the Interior, the Bureau of Land Management (BLM) is proceeding with nine solar projects on public lands to potentially power nearly 2 million homes with clean energy. Among the projects, the...more

Morgan Lewis

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

Morgan Lewis on

The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Signs ADVANCE Act into Law

The landmark nuclear legislation will help drive development, innovation, investment and deployment of advanced nuclear technologies. The ADVANCE Act takes substantial steps to help expedite the development and deployment...more

Troutman Pepper

D.C. Circuit Denies Food & Water Watch’s Challenges to FERC’s GHG Review in NGA Certificate Proceeding

Troutman Pepper on

On June 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Food & Water Watch’s environmental challenges to the FERC’s order granting a certificate of public convenience...more

Latham & Watkins LLP

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

Latham & Watkins LLP on

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

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

Saul Ewing LLP on

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...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

Venable LLP

NEPA at the Supreme Court

Venable LLP on

Does the National Environmental Policy Act require an agency to consider environmental impacts beyond the proximate effects of actions within the agency's jurisdiction? That's the question that the U.S. Supreme Court has...more

BCLP

Significant Implications for Environmental Assessment of Major Projects

BCLP on

The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was...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

Holland & Knight LLP

Council on Environmental Quality Substantially Rewrites NEPA Regulations

Holland & Knight LLP on

The Council on Environmental Quality (CEQ) on May 1, 2024, published its Phase II regulations1 under the National Environmental Policy Act (NEPA).2 As part of a multiphase effort to amend the NEPA regulations that straddled...more

NAVEX

Supply Chain Regulations and Exposure – How to Manage Third-Party Risk and Beyond

NAVEX on

If the term “nth supplier” joined your vocabulary recently, you’re not alone. If you haven’t heard the term until now, don’t worry – you’ll be hearing it frequently soon enough. The “nth” supplier is the mythical last...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

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

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

National Environmental Policy Act/Phase II Final Rule: Arkansas and 19 Attorneys General File Judicial Challenge

Twenty Attorneys General (including Arkansas) filed a judicial challenge on May 21st in the United States District Court for the District of North Dakota to the Council on Environmental Quality (“CEQ”) rule styled: ...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

Locke Lord LLP

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

Locke Lord LLP on

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

Gray Reed

Texas Deepwater Port Survives Legal Challenge

Gray Reed on

In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more

Venable LLP

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Venable LLP on

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Mintz

NY AG Launches Greenwashing Lawsuit Against Beef Producer

Mintz on

Recently, the New York Attorney General filed a lawsuit against the American subsidiaries of JBS Group, the Brazilian-based beef producer, asserting that JBS had “violat[ed] New York's consumer protection statutes” through...more

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