News & Analysis as of

Environmental Review

Ktunaxa Nation: The Supreme Court returns to Haida first principles in dismissal of ski hill duty-to-consult case

by Dentons on

The Supreme Court of Canada (the “Court”) has rejected Crown consultation and spiritual-rights challenges brought by the Ktunaxa Nation (the “Ktunaxa”) against a proposed ski resort in B.C.’s Jumbo Valley area following a...more

D.C. Circuit's Atlantic Sunrise stay creates uncertainty for pipeline developers

by Hogan Lovells on

Earlier this week, the United States Court of Appeals for the District of Columbia Circuit issued an administrative stay of the Federal Energy Regulatory Commission’s (FERC) approval of Transcontinental Gas Pipe Line Company,...more

First District Rejects CEQA Challenges to SWRCB’s Revised Environmental Document and Approval of Northern California Coastal...

by Miller Starr Regalia on

In a published opinion filed September 28, 2017, the First District Court of Appeal affirmed the Alameda County Superior Court’s judgment denying appellant Living Rivers Council’s (LRC) writ petition challenging the State...more

USDOT Agencies Propose New Rule to Eliminate Duplication of Environmental Reviews for Transportation Projects

by Beveridge & Diamond PC on

The Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), and Federal Transit Administration (FTA), (U.S. DOT) have published a Notice of Proposed Rulemaking (NPRM) on DOT’s Program for Eliminating...more

Permit streamlining, NEPA compliance, and an expanded role for CEQ

by Hogan Lovells on

In one of his earliest Executive Orders 13766, January 24, 2017, President Trump laid the groundwork for subsequent actions to help “Expedit[e] Environmental Reviews and Approvals for High Priority Infrastructure Projects.”...more

Streamlining Federal Environmental Reviews for Infrastructure Projects: Real Change is Coming

by Clark Hill PLC on

In recent actions, the Trump Administration reinforced its commitment to making significant changes in the way federal environmental reviews and authorizations are managed for infrastructure projects. As discussed in a...more

Council on Environmental Quality Takes First Step to Implement Trump Executive Order on Streamlining Federal Environmental Reviews

On September 14, 2017, the Council on Environmental Quality (CEQ), which oversees compliance with the National Environmental Policy Act (NEPA) by federal agencies, announced a list of planned actions to implement President...more

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

NY Seizes on Recent D.C. Circuit Decision to Deny Pipeline Permits

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the D.C. Circuit’s recent decision in Sierra Club v. FERC (Southeast Market Pipelines Project), No. 16-1329 (D.C. Cir. 2017), has already had an impact on the natural gas industry and resulted in...more

New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards for Infrastructure...

by Beveridge & Diamond PC on

Infrastructure has been a headline topic since before the 2016 election, and perhaps never more so than during the unprecedented storm season. The current Administration, like its predecessors, has pursued means to expedite...more

Energy East pipeline case suspended

by PretiFlaherty on

The developed of a proposed C$15.75 billion Canadian oil pipeline has asked Canadian regulators to temporarily suspend their review of the project, following the regulator's decision to consider the project's indirect...more

Time Will Tell Whether Trump Executive Order Succeeds in Reducing Time for Federal Environmental Review and Permits for Major...

On August 15, 2017, President Trump issued Executive Order 13807 (EO 13807), which seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and procedures. The...more

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

by Shearman & Sterling LLP on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Rethinking Greenhouse Gas Emissions: D.C. Circuit Orders Further Environmental Review of Natural Gas Pipeline Certificate

by Hogan Lovells on

On August 22, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling that may change the way that the Federal Energy Regulatory Commission (FERC) examines the impacts of greenhouse gas...more

Executive Order Set to Expedite Permitting and Authorization of Infrastructure Projects

by Miles & Stockbridge P.C. on

During the campaign and thus far in the current administration, the President has prioritized the modernization of the Nation’s infrastructure and promised a $1 trillion investment plan to help fund that vision. There is rare...more

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

by Beveridge & Diamond PC on

In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

by Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Executive Order Reinforces Measures to Reform Infrastructure Project Review

by WilmerHale on

On August 15, President Trump signed an Executive Order calling for streamlined federal review of major infrastructure projects. The Order applies to federal approvals for infrastructure projects in the following sectors...more

Executive Order Seeks to Expedite Federal Infrastructure Review Process

by Clark Hill PLC on

President Trump issued a new executive order that seeks to streamline the Environmental Review and Streamlining Process. Most local infrastructure projects that ultimately involve the use of eminent domain depend upon...more

Missouri PSC rejection of Grain Belt Express line exemplifies the regulatory uncertainty in getting a proposed project to market

by Holland & Knight LLP on

Since the presidential election last year, there has been lots of discussion about the need to make regulatory reviews of infrastructure projects more modern and efficient. President Trump has called for federal regulatory...more

New Executive Order on Infrastructure Ups the Ante on Streamlining the Environmental Review and Permitting Process

by Clark Hill PLC on

Since its earliest days, the Trump Administration has focused on eliminating delays in infrastructure projects, portraying environmental reviews and permitting as major choke points requiring change. On January 24, 2017, the...more

Trump Signs Executive Order to Streamline Environmental Review and Permitting Process for Infrastructure

by Ballard Spahr LLP on

On August 15, President Donald J. Trump signed a second executive order "streamlining" the federal environmental permitting process with a goal of making construction of transportation, water, and other infrastructure...more

Executive Order Aims to Streamline Environmental Permitting of Infrastructure Projects

by Nossaman LLP on

In furtherance of the administration’s broad infrastructure initiative, President Trump on August 15 signed an executive order (EO) entitled “Establishing Discipline and Accountability in the Environmental Review and...more

Trump Executive Order Issued on Federal Flood Risk Management Standard and Regulatory Reform

by Downey Brand LLP on

August 15, 2017 was a busy day for the Trump Administration. While interacting with the press and other politicians regarding the protests and counter-protests in Charlottesville, Virginia, the White House was also issuing an...more

Should Infrastructure Project Developers Invoke Streamlined Environmental Review Under FAST-41?

by Perkins Coie on

Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects. Congress passed the FAST Act in December 2015, and the Office of...more

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