News & Analysis as of

Environmental Impact Statements Infrastructure National Environmental Policy Act

K&L Gates LLP

D.C. Circuit Vacates PHMSA's LNG-by-Rail Rule

K&L Gates LLP on

On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more

Bracewell LLP

The Reasonably Foreseeable Effects of Seven County Infrastructure Coalition

Bracewell LLP on

On December 10, 2024, the US Supreme Court heard oral argument in Seven County Infrastructure Coalition v. Eagle County, the first major National Environmental Policy Act (NEPA) case to reach the Supreme Court in nearly two...more

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

Pierce Atwood LLP on

On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

K&L Gates LLP

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

K&L Gates LLP on

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

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

National Environmental Policy Act: Council on Environmental Quality Issues "Phase 1" Rule

The White House Council on Environmental Quality (“CEQ”) issued an April 19th final rule that amends certain provisions of its regulations for implementing the National Environmental Policy Act (“NEPA”). ...more

Robinson+Cole Environmental Law +

CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...more

Foley Hoag LLP - Environmental Law

How To Straighten the Long and Winding Road that We Call NEPA

So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more

Robinson+Cole Environmental Law +

Nantucket Group Challenges Vineyard Wind Project in Federal Court

On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the...more

Pillsbury Winthrop Shaw Pittman LLP

Biden’s Infrastructure Bill and the Promise of NEPA Reform

The current bill contains several provisions which would significantly alter the requirements of National Environmental Policy Act review, but it remains to be seen whether those changes will survive House review. The...more

Latham & Watkins LLP

CEQ Issues Report to Congress on CCUS

Latham & Watkins LLP on

CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

Foley Hoag LLP - Environmental Law

The Test For Injunctive Relief Was Not Developed By a Risk Assessor

Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more

Perkins Coie

Managing Conflict: Department of the Interior Implementation of 2020 NEPA Regulations

Perkins Coie on

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

Morgan Lewis - Up & Atom

NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

Morgan Lewis - Up & Atom on

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Nossaman LLP

NEPA Rules Rewrite: Content of NEPA Documents Under New CEQ Rules

Nossaman LLP on

This is the fourth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 (Final Regulations) by the Council on Environmental Quality...more

Faegre Drinker Biddle & Reath LLP

White House Updates Bedrock Environmental Rules, Setting Up Legal, Legislative Battle Over Energy, Infrastructure Permitting

On July 15, 2020, the White House released the long-anticipated Final Rule entitled, “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA).” According to the White...more

Holland & Hart LLP

Council on Environmental Quality Issues Final NEPA Rule

Holland & Hart LLP on

On July 16, 2020, the Council on Environmental Quality (CEQ) published its final rule in the Federal Register revising the National Environmental Policy Act (NEPA) regulations (Rule). This Rule, which is scheduled to go into...more

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

National Environmental Policy Act: Council on Environmental Quality Issues Final Revisions

The Council on Environmental Quality (“CEQ”) on July 15th promulgated for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act (“NEPA”). CEQ was established in 1970...more

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more

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