News & Analysis as of

National Historic Preservation Act

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

Procedures for the Protection of Historic Properties/National Historic Preservation Act: U.S. Army Corps of Engineers Proposed...

The United States Army Corps of Engineers (“Corps”) published a proposed rule in the February 9th Federal Register addressing compliance with the National Historic Preservation Act (“NHPA”). See 89 Fed. Reg. 9079. The...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

Adams and Reese LLP

Hurricane Ian: Disaster Recovery Checklist for Utilities

Adams and Reese LLP on

In the aftermath of Hurricane Ian, utilities and telecommunications companies in Florida and other states in its path will be beginning the disaster recovery process. This checklist is not intended to be an all-inclusive...more

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

U.S. EPA Environmental Appeals Board: Petition Filed Challenging Class III/Class V Underground Injection Permits for South Dakota...

The Oglala Sioux Tribe (“Petitioner”) filed a December 24th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) issuance of an underground injection control (“UIC”) Class...more

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

Wireless Facility/Tower: Federal Communications Commission and Georgia Licensee Enter into Order Addressing Alleged...

The Federal Communications Commission (“FCC”) and Public Service Towers, Inc. (“PSTI”) entered into an August 14th Order addressing alleged violations of its Environmental Rules. See In the Matter of Public Service Towers,...more

Nossaman LLP

[Webinar] Adapting Your Linear Infrastructure Projects to Changing Regulatory Frameworks - July 30th, 11:00 am - 12:30 pm PT

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more

(ACOEL) | American College of Environmental...

Pandemic Snapshot: Injustice in Salmon Country

Faced with the global pandemic, Bristol Bay’s people, tribes and communities sprung quickly into action. Bristol Bay, Alaska, has roughly 7,000 year-round residents in 31 villages and communities spread over an area larger...more

Snell & Wilmer

Arizona’s Cultural Resource Review Process Is a Challenge for Public Land Industries

Snell & Wilmer on

Most businesses that work in a natural resource industry in Arizona are familiar with the requirements of the National Historic Preservation Act of 1966 (“NHPA”), and Arizona’s State Historic Preservation Act (“SHPA”). There...more

Perkins Coie

D.C. Circuit Delivers Setback to FCC’s 5G Network Deployment Efforts

Perkins Coie on

In a recent decision, the U.S. Court of Appeals for the D.C. Circuit struck down key portions of a 2018 order by the Federal Communications Commission that would have exempted certain small wireless facilities from...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Affirms District Court’s Ruling Finding Lack of Redressability for Alleged ESA and NHPA Violations

On June 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Center for Biological Diversity, et al., v. Export-Import Bank of the U.S., affirming the ruling of the District Court, which granted...more

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

Tribal Challenge to Road Construction: Federal Appellate Court Addresses National Historic Preservation Act and Clean Water Act...

The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more

Stoel Rives LLP

Developer Tips: Top 11 Misperceptions about Section 106 of the National Historic Preservation Act

Stoel Rives LLP on

Section 106 of the National Historic Preservation Act - Even experienced project proponents can get caught off guard by common misunderstandings about cultural resources protection laws. One of the most misunderstood...more

Perkins Coie

Council On Environmental Quality Issues Two Handbooks To Help Agencies Expedite Federal Environmental Reviews

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On March 5, 2013, the Council on Environmental Quality (CEQ) released two handbooks that are intended to help agencies and practitioners coordinate environmental reviews under the National Environmental Policy Act (NEPA) with...more

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