News & Analysis as of

National Environmental Policy Act

Holland & Hart Scores Win for Mancos Shale Oil & Gas Operators; No Drilling Moratorium During Well Approval Process

by Holland & Hart LLP on

In a detailed opinion, U.S. District Court Judge James O. Browning of the District of New Mexico sided squarely with the Bureau of Land Management (BLM) and the oil and gas operators, represented by Holland & Hart’s...more

FERC Opens Notice of Inquiry for Review of Natural Gas Pipeline Policies

by Holland & Knight LLP on

• The Federal Energy Regulatory Commission has unanimously voted to open a new Notice of Inquiry seeking input on whether – and, if so, how – it should update its existing policies and procedures for reviewing and issuing...more

FERC Solicits Feedback on Modernizing Natural Gas Certificate Policy

by White & Case LLP on

On April 19, 2018, the Federal Energy Regulatory Commission ("FERC") initiated a proceeding to evaluate its policies—in place for nearly two decades—governing the review and certification of new interstate natural gas...more

Expedited Infrastructure Takes Another Step Forward

by Clark Hill PLC on

On April 9, 2018, the heads of numerous federal agencies signed a Memorandum of Understanding Implementing One Federal Decision Under Executive Order 13807 (“MOU”) aimed at expediting and coordinating environmental review of...more

Energy Hearings This Week

by Kelley Drye & Warren LLP on

April 24 - Senate Energy and Natural Resources Committee – Hearing to Examine the President’s Budget Request for the U.S. Forest Service for Fiscal Year 2019....more

USFWS Guidance Implementing Solicitor’s M-Opinion Finally Grounds the Migratory Bird Treaty Act

by Locke Lord LLP on

On December 22, 2017 the U.S. Department of the Interior’s (“DOI”) Office of the Solicitor issued Memorandum M-370501 (the “M-Opinion”) interpreting the take prohibition of the Migratory Bird Treaty Act2 (“MBTA”) to apply...more

Federal Agencies Sign MOU to Require “One Federal Decision” on Major Infrastructure Projects

by Perkins Coie on

On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more

FCC Reduces Regulatory Barriers to 5G Wireless Deployment

by Perkins Coie on

The Federal Communications Commission recently adopted an order containing sweeping regulatory changes to speed the deployment of advanced wireless services to provide connectivity for innovative Internet of Things, augmented...more

Federal Agencies Agree to Streamline Environmental Review and Approval of Infrastructure Projects

by King & Spalding on

Two years is the goal for completion of NEPA review - On April 9, 2018, the White House released a Memorandum of Understanding (“MOU”) between twelve federal agencies that is intended to increase the speed and reliability...more

Summary and Analysis of the United States Fish and Wildlife Service's "Guidance on the recent M-Opinion affecting the Migratory...

This article is a follow-up to our January 29, 2018 article which discussed the United States Solicitor’s December 22, 2017 Memorandum Opinion, M-37050 (the “M-Opinion”). To provide a quick recap of that article, the...more

Infrastructure Series: Agencies Establish One Federal Decision Framework for Project Reviews

by WilmerHale on

This is the seventh issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

New White House Guidance and Multi-Agency MOU Continue Push to Expedite Environmental Reviews and Permitting for Major...

by Beveridge & Diamond PC on

The Office of Management and Budget and Council on Environmental Quality, on March 20, 2018, issued a Memorandum instructing federal agencies how to implement the “One Federal Decision” policy established in Executive Order...more

Twelve Federal Agencies Commit to Implement Executive Order to Streamline Environmental Review and Approval of Major...

On April 9, 2018, the heads of twelve Federal agencies and departments entered into a Memorandum of Understanding (“MOU”) committing their respective agencies to implement certain concepts and directives from Executive Order...more

Border Wall Waiver: Environmental Organizations U.S. Court of Appeals 9th Circuit Appeal

A number of environmental organizations filed a Notice of Appeal before the United States Court of Appeals for the 9th Circuit Challenging the United States Department of Homeland Security Secretary’s August 2, 2017,...more

FCC Approves Wireless Infrastructure Order That Excludes Small Wireless Facilities From NHPA and NEPA Review

by Davis Wright Tremaine LLP on

On March 30, 2018, the Federal Communications Commission (FCC) released an order designed to eliminate regulatory barriers for small cell deployments and modernize the regulatory reviews under the National Historic...more

Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

On April 9, the U.S. Court of Appeals for the Ninth Circuit, in a unanimous opinion, rejected the challenges to the U.S. Army Corps of Engineers’ (Corps) decision to issue a Clean Water Act (CWA) Section 404 permit to the...more

FCC Further Clarifies and Streamlines Environmental and Historical Review Processes for Wireless Deployments

by Kelley Drye & Warren LLP on

On March 30, the Federal Communications Commission (“Commission” or “FCC”) released a Second Report and Order (“Order”) that further clarifies and streamlines the environmental and historical review processes related to...more

Federal Spending Bill Changes Wildfire Suppression Funding and Other Forestry Initiatives

by Perkins Coie on

The $1.3 trillion Consolidated Appropriations Act of 2018, which was signed into law on March 23, 2018, (the Act) includes bipartisan measures to fundamentally change how the U.S. Forest Service and other federal agencies pay...more

National Environmental Policy Act/ Transmission System Interconnection: Federal Appellate Court Addresses Federal Action Question

The United States Court of Appeals for the Ninth Circuit (“Court”) in a March 27th opinion addressed whether an action involving the Whistling Ridge Energy Project (“Project”) was “federal” for the purposes of the National...more

D.C. Circuit Silences Airport-Noise Critics - Time Limit to Challenge Agency's NEPA Assessment Not Extended Even Though Agency...

by Holland & Knight LLP on

• This week's decision by the U.S. Court of Appeals for the District of Columbia Circuit in Citizens Association of Georgetown, et al. v. Federal Aviation Administration confirms that once the FAA issues a final Record of...more

How Trump's Infrastructure Plan Impacts the Energy Industry

How will President Trump's infrastructure plan impact the energy industry? Permitting reform is on the table. Listen to our energy industry panelists discuss the proposed changes and how companies can engage with Congress....more

An Examination of Federal Permitting Processes: U.S. House Committee on Oversight and Government Reform/Subcommittee on the...

The United States House Committee on Oversight and Government Reform (“Committee”) held a hearing on March 15th titled: An Examination of Federal Permitting Processes ...more

Arkansas Environmental Federation Regulated Waste Seminar: Little Rock, Arkansas – April 17th

The Arkansas Environmental Federation will hold its annual Regulated Waste Seminar on April 17th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

Infrastructure Series: Paying for and Permitting Water Infrastructure

by WilmerHale on

This is the fourth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more

BLM Begins Scoping Process to Consider Amendments to Desert Renewable Energy Conservation Plan

by Latham & Watkins LLP on

DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more

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