Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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Hot Topics for Waste-to-Energy Investors and Developers
The Trump Administration has issued a Presidential Memorandum, "Updating Permitting Technology for the 21st Century," aimed at modernizing and streamlining the federal environmental review and permitting processes through...more
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
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more
Recently in BMG Monroe I, LLC v. Village of Monroe Zoning Board of Appeals, the Second Department reinforced strict compliance with all State Environmental Quality Review Act (“SEQRA”) visual impact findings and mitigation...more
On November 30, 2023, the Commission denied the Minnesota Municipal Power Agency’s (“MMPA”) complaint alleging that Northern Natural Gas Company (“Northern”) violated the Natural Gas Act (“NGA”) by refusing to execute an...more
This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more
As we touched on last week, on August 14, the Montana First Judicial District Court, Lewis and Clark County, entered its Findings of Facts and Conclusions of Law in Held v. State of Montana, et al. striking down certain...more
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
On June 12, 2023, each house of the California State Legislature released the proposed language of the Budget Act of 2023. The Legislature’s proposal excludes the California Environmental Quality Act (CEQA) and permit...more
Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more
Summary - The nation’s first variable tolling program in a central business district (CBD) reached a new milestone, bringing New York City’s Metropolitan Transportation Authority (MTA) closer to its goal of launching...more
On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more
On October 12th, the Biden Administration announced an “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan]. This followed extensive discussion of a...more
The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land...more
The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more
On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more
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
Title VIII of the Infrastructure Investment and Jobs Act (H.R. 3684), the infrastructure bill recently passed by the U.S. Senate, includes several important amendments to Title 41 of the Fixing America’s Surface...more
The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more
The California Environmental Quality Act (CEQA) requires state and local government agencies to identify potentially significant environmental impacts of proposed projects and to reduce those impacts wherever feasible. For...more
The controversy in Matter of McGraw v Town Board of Town of Villenova (4th Dept Docket No CA 19-01362, Aug. 20, 2020) arose from the environmental review conducted on a proposed wind farm in upstate New York. The developer of...more
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
The NRC Office of Nuclear Reactor Regulation (NRR) recently issued Revision 4 to Office Instruction LIC-203, “Procedural Guidance for Categorical Exclusions, Environmental Assessments, and Considering Environmental Issues.” ...more
Pressing ahead on his efforts to reduce delays in federal approvals necessary for major infrastructure projects, President Donald Trump on June 4 called for more streamlining in another executive order, Accelerating the...more
Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more