News & Analysis as of

Environmental Review Rulemaking Process

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

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Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Hogan Lovells

NRC Commission and staff take several actions impacting environmental reviews during licensing

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First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Brownstein Hyatt Farber Schreck

CEQ Restores the Status Quo with Phase 1 Changes to NEPA Regulations

On Wednesday, April 20, the Council on Environmental Quality (CEQ) published a final rule completing the first stage of rulemaking to revise certain provisions of the National Environmental Policy Act’s (NEPA) implementing...more

Morgan Lewis

NRC Approves Publication of Proposed Nuclear Reactor Transitioning to Decommissioning Rule

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The US Nuclear Regulatory Commission (NRC) approved publication in the Federal Register of a proposed rule, “Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning” on November 3,...more

Nossaman LLP

USFWS Issues 12-month Findings on Chipmunk, Moss, Butterflies, and Springsnails

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This week, the U.S. Fish and Wildlife Service (USFWS) issued three separate notices in the Federal Register concerning the agency’s 12-month findings on a number of petitions to list various wildlife and plants under the...more

Nossaman LLP

Service to Further Evaluate Listing of Wolf and Mussel, But Not Delisting of Warbler

Nossaman LLP on

Earlier this week, the U.S. Fish and Wildlife Service (Service) published a Federal Register notice addressing 90-day findings for three separate species.  With the notice, two species moved one step closer to being listed...more

Nossaman LLP

NEPA Rules Rewrite: What's Next?

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This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

Morgan Lewis

NRC to Develop Generic Environmental Impact Statement for Advanced Nuclear Reactors

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In SECY 20-0020, issued on February 28, the NRC Staff informed the Commission of its conclusion that developing a generic environmental impact statement (GEIS) for advanced nuclear reactors (ANRs) is viable....more

Spilman Thomas & Battle, PLLC

Proposed Rule Revisions for NEPA

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update...more

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

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

Nossaman LLP

Court Remands Northern Long-eared Bat Listing Back to USFWS

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Yesterday, in Center for Biological Diversity v. Everson?, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat...more

Nossaman LLP

Initiation of 5-year Status Reviews for 66 Species in California and Nevada

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On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more

Womble Bond Dickinson

Trump Administration Proposes Sweeping Reforms to National Environmental Policy Act Requirements for Federal Agencies

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The Trump Administration has proposed the first major changes to the National Environmental Policy Act (NEPA) in more than three decades. These proposed changes (announced in a Jan. 10, 2020 Notice of Proposed Rulemaking)...more

Foley & Lardner LLP

NEPA-calypse Now?

Foley & Lardner LLP on

On New Year’s Day in 1970, Richard Nixon signed the National Environmental Policy Act of 1969 (“NEPA”), creating the Council on Environmental Quality (“CEQ”) and proclaiming “that the 1970s must be the years when America pays...more

Nossaman LLP

Service Launches Comprehensive Review of Grizzly Bear ESA Status

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On Tuesday, January 14, 2020, the U.S. Fish and Wildlife Service (Service) published a federal register notice that it will be commencing a comprehensive study of the status of the Grizzly bear (Ursus arctos horribilis)....more

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

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The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

King & Spalding

NEPA Modernization Promises Significant Change

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Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Brownstein Hyatt Farber Schreck

White House Releases NEPA Proposal

On Jan. 9, following a White House press conference, the Council on Environmental Quality (CEQ) released proposed revisions to National Environmental Policy Act (NEPA) regulations. The proposed rule seeks to rein in NEPA...more

Hogan Lovells

CEQ's NEPA regulatory overhaul: highlights and predictions

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The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Akin Gump Strauss Hauer & Feld LLP

Shiny, Happy NEPA: How the Administration Plans to Make NEPA More User-Friendly

On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more

Perkins Coie

White House Proposes Overhaul of NEPA Regulations

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Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more

Nossaman LLP

Will Long-Awaited Changes to NEPA Materially Alter Federal Environmental Reviews?

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On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations.  The Proposed Rule would represent the first significant overhaul of...more

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