News & Analysis as of

National Environmental Policy Act Construction Project

Spilman Thomas & Battle, PLLC

The Site Report - Construction Industry Insights, Issue 5, May 2024

Welcome to our fifth issue of 2024 for our construction industry insights e-newsletter - The Site Report. In our Ask the Attorney segment at the bottom of this e-newsletter, we tap Jonathan Deasy, Senior Attorney in our...more

Nossaman LLP

Right of Way 101

Nossaman LLP on

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

Perkins Coie

Ninth Circuit Upholds FAA’s Alternatives Analysis Limited to Airport Project and No Action Alternative But Invalidates EIS For...

Perkins Coie on

The Ninth Circuit upheld the Federal Aviation Administration’s decision to study only the project and the no action alternative in an EIS for a new passenger terminal. However, the court found the FAA violated NEPA by failing...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

Downey Brand LLP on

After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

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

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Nossaman LLP

On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know

Nossaman LLP on

In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

Nossaman LLP

[Webinar] The New NEPA Regulations: A Practical Guide to What You Need to Know - December 10th, 10:30 am - 12:00 pm PT

Nossaman LLP on

In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

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

I-30 Widening – Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Request For...

United States District Judge James M. Moody (“Court”) addressed in a September 3rd Order a July 10th Motion filed by Plaintiffs seeking a preliminary and permanent injunction (“Motion”) to prohibit commencement of: . . ....more

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

I-30 Widening-Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Motion Filed...

Several individuals and community/neighborhood organizations filed a July 10th Plaintiff’s Motion for Preliminary and Permanent Injunction (“Motion”) in the United States District Court for the Eastern District of Arkansas...more

Nossaman LLP

Trump Executive Order: Environmental Streamlining or Political Quagmire?

Nossaman LLP on

On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more

Saul Ewing LLP

All Projects Being Constructed Under Nationwide Permit 12 at Risk

Saul Ewing LLP on

Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit...more

Stinson LLP

CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review

Stinson LLP on

The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the...more

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

Reconstruction/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Several individuals and various community/neighborhood organizations filed a May 20th Complaint for Declaratory Judgment and for Preliminary and Permanent Injunctive Relief in the United States District Court for the Eastern...more

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

Dam Construction/Colorado River: Environmental Groups File Federal NEPA/Clean Water Act/ESA Judicial Challenge to Denver Water...

Waterkeeper Alliance, Inc. and several other environmental organizations (collectively “Waterkeeper”) filed a December 19th Petition for Review of Agency Action (“Petition”) in the United States District Court for the...more

Perkins Coie

Ten Things to Know About USDOT's New NEPA and Section 4(f) Regulations for Highway, Transit and Rail Projects

Perkins Coie on

New regulations took effect last month governing the federal environmental review process for highway, public transit and some railroad projects. This update highlights 10 important changes in the new regulations, as well as...more

Nossaman LLP

Colorado Court Vacates Eagle Permit

Nossaman LLP on

On December 13, 2018, the United States District Court for the District of Colorado vacated an eagle take permit issued by the U.S. Fish and Wildlife Service (“Service”) authorizing a construction company to disturb a pair of...more

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

Border-Wall: Environmental Groups File U.S. District Court (District of Columbia) Action Against Department of Homeland Security...

The Center for Biological Diversity, Defenders of Wildlife, and Animal Legal Defense Fund (collectively “CBD”) filed an October 17th Complaint for Declaratory and Injunctive Relief (“Complaint”) challenging the issuance of...more

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

I-630 Widening/National Environmental Policy Act: U.S. District Court Order Denying Motion for Temporary Restraining Order

As noted in the previous post (see post here), five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the...more

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

I-630 Widening/National Environmental Policy Act: U.S. District Court (Eastern District of Arkansas) Complaint Filed Addressing...

Five individuals filed a lawsuit in the United States District Court for the Eastern District of Arkansas on July 18th addressing what they describe as construction involving the widening of Interstate Highway 630 (“I-630...more

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

Supplemental Environmental Impact Statement/Mississippi River Mainline Levees and Channel Improvement: U.S. Army Corps of...

The United States Army Corps of Engineers (“Corps”) announced in a July 13th Federal Register notice its intent: . . . to prepare Supplement II (SEIS II) to the Final environmental Impact Statement, Mississippi River and...more

Sullivan & Worcester

Northeast States See Surge in Plans for Offshore Wind Projects, But Developers Must Address Remaining Barriers

Sullivan & Worcester on

As previously discussed, offshore wind is well-developed outside the United States. In Europe, the first offshore wind facility was installed in 1991, and a record 3,148 MW of capacity was added in 2017. In comparison, the...more

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

Highway Project Repaving/National Environmental Policy Act: Is an Environmental Impact Statement Required?

The United States Court of Appeals for the Seventh Circuit addressed in a June 5th opinion whether a proposed Wisconsin highway repaving project (“Project”) should have gone through the National Environmental Policy Act...more

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

Environmental Impact Statement/National Environmental Policy Act: Federal Appellate Court Considers Whether Fire Line is Exempted

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a June 8th opinion whether a community protection line (“CPL”) constructed during a wildfire is exempted from the requirement to prepare a...more

Pillsbury - Gravel2Gavel Construction & Real...

141-Page Environmental Report was Legally Sufficient for Small Scale Project

On June 5, the U.S. Court of Appeals for the Seventh Circuit decided the case of Highway J Citizens Group, et al., v. U. S. Department of Transportation. The Seventh Circuit affirmed the District Court’s oral ruling that the...more

Perkins Coie

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

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

31 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide