On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
A coalition of 18 Democratic AGs filed a comment letter in support of the U.S. Council on Environmental Quality’s (CEQ) notice of proposed rulemaking revising its regulations implementing the National Environmental Policy Act...more
On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more
On August 22, 2023, a split panel of the Michigan Court of Appeals held that the Department of Environment, Great Lakes, and Energy (EGLE) violated the Administrative Procedures Act (APA) by promulgating a new rule...more
On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more
On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more
A United States District Court (District of Columbia) (“Court”) in a March 4th Opinion addressed the Farm Service Agency’s (“FSA”) compliance with the National Environmental Policy Act (“NEPA”). See Dakota Rural Action, et...more
“A controversial natural gas pipeline in West Virginia appears dead for now after it failed to make next year’s spending bill from Congress.” Why this is important: With apologies to Mark Twain, the reports of the...more
On the final day of 2022, New York Gov. Kathy Hochul signed into law the Cumulative Impacts Bill (CIB), which both houses of New York State’s legislature had passed eight months earlier in the year (language here: S.8830 and...more
The public’s attention to environmental justice has refocused the U.S. Environmental Protection Agency (EPA) on cumulative assessment of risk and impacts. Concordantly, EPA recently finalized its Fiscal Year 2022–2026...more
The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more
The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more
Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more
Senate confirms Biden’s pick to lead EPA - The New York Times – March 10 - The Senate on Wednesday confirmed Michael S. Regan, the former top environmental regulator for North Carolina, to lead the U.S. Environmental...more
Biden, emphasizing job creation, signs sweeping climate actions - The New York Times – January 27 - President Biden on Wednesday signed a series of executive actions, ranging from pausing new federal oil leases to...more
U.S. EPA recommends testing wastewater for PFAS - Bullet Chemical & Engineering News – December 1 - Certain facilities may have to test for the presence of per- and polyfluoroalkyl substances (PFAS) in their...more
California plans to ban sales of new gas-powered cars in 15 years - The New York Times – September 23 - California plans to ban the sale of new gasoline-powered cars statewide by 2035, Governor Gavin Newsom announced...more
Our latest look at the judiciary is focused mainly on the federal appeals system, with a side of regulatory development thrown in for good measure....more
The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more
Swift Creek. The name evokes a clear, fast-moving mountain stream. The Swift Creek at issue, however, is hardly clear or swift for most of its length. A massive, mile-long landslide hangs at the head of its southern...more