News & Analysis as of

National Environmental Policy Act Environmental Review Oil & Gas

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

Saul Ewing LLP on

On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more

Gray Reed

Texas Deepwater Port Survives Legal Challenge

Gray Reed on

In Citizens for Clean Air & Clean Water in Brazoria County et al v. United States Department of Transportation et al., several environmental groups challenged the DOT’s approval of a license for commercial construction and...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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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

Goldberg Segalla

Colorado Drilling Project Stopped in its [F]racks!

Goldberg Segalla on

On May 19, 2022, a Colorado federal district court judge, the Honorable Marcia S. Krieger, issued an opinion and order remanding action, preventing—for now, at least—an expansive fracking plan in Western Colorado from going...more

Allen Matkins

California Environmental Law & Policy Update - April 2022 #4

Allen Matkins on

Biden restores stricter environmental review of big projects under NEPA Bullet Associated Press - April 19 The Biden administration is restoring federal regulations that require rigorous environmental review of major...more

White & Case LLP

DOE Extends Standard Term of Long-Term Natural Gas Export Authorizations to Non-FTA Countries

White & Case LLP on

In response to its updated analyses of the impacts of natural gas exports on the US economy and the environment, and competitive forces in the global market for LNG, DOE takes steps to offer term extensions to existing and...more

(ACOEL) | American College of Environmental...

Will NEPA’s Golden Anniversary be Tarnished by the Trump Administration’s efforts to overhaul the long-established regulations?

As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is...more

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

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

Sullivan & Worcester

Greenhouse Gas Quantification Under FERC’s Pipeline Certification Process

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Since our last article discussing the way in which the Federal Energy Regulatory Commission ("FERC" or "the Commission") considers greenhouse gas (GHG) emissions and climate impacts in the pipeline certification process, the...more

Sheppard Mullin Richter & Hampton LLP

D.C. Circuit Says NEPA Requires FERC To Inquire Into Up and Downstream Effects of Pipeline Project

In a recent opinion, the D.C. Circuit suggested the Federal Energy Regulatory Commission (FERC) must attempt to obtain information necessary to evaluate the environmental effects of a proposed interstate pipeline project due...more

Sheppard Mullin Richter & Hampton LLP

District Court Provides Guidance On Climate Change Analysis Under NEPA

A federal district court has ruled that the Bureau of Land Management (“BLM”) failed to adequately consider climate change when approving a set of oil and gas leases on public lands in Wyoming. The ruling should be of broader...more

WilmerHale

Infrastructure Risks and Opportunities

WilmerHale on

This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more

Sullivan & Worcester

FERC Continues to Forge Its Own Path in Considering Climate Impacts in Pipeline Applications

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Among other responsibilities, the Federal Energy Regulatory Commission ("FERC" or "the Commission") approves and issues construction certificates for interstate gas pipelines and related infrastructure under section 7 of the...more

Cozen O'Connor

Hurricane Waivers and Infrastructure Funding [Maritime and Infrastructure Federal Update]

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This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update highlights: (i) the unprecedented nature of the recent Jones Act waiver, (ii) available infrastructure funding through the TIGER program, (iii)...more

A&O Shearman

D.C. Circuit: FERC Must Consider Potential Pipeline Downstream GHG Effects

A&O Shearman on

On August 22, the US Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, vacated and remanded orders of the Federal Energy Regulatory Commission (FERC) authorizing the construction and operation of three...more

Beveridge & Diamond PC

D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline

Beveridge & Diamond PC on

In a 2-1 decision, the D.C. Circuit of the U.S. Court of Appeals has ruled that the Federal Energy Regulatory Commission (“FERC”) did not satisfy the requirements of the National Environmental Policy Act (“NEPA”) when it...more

McDermott Will & Emery

Timing Is (Almost) Everything: FERC Implements D.C. Circuit Guidance on NEPA Review of Multiple Pipeline Construction Projects

McDermott Will & Emery on

In the wake of two recent D.C. Circuit decisions, the Federal Energy Regulatory Commission (FERC) has begun to implement its new policy concerning the review of natural gas pipeline construction proposals under the National...more

Allen Matkins

California Environmental Law and Policy Update - September 2014 #2

Allen Matkins on

Environmental and Policy Focus: House GOP bill would speed up environmental reviews: KPCC - Sep 9: As negotiations over compromise drought legislation flounder in Congress, House Republicans are pursuing an alternative...more

King & Spalding

D.C. Circuit Court Requires FERC To Consolidate its NEPA Review of Nominally Separate Interstate Gas Pipeline Projects

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On June 6, 2014, the D.C. Circuit Court of Appeals issued an opinion holding that the Federal Energy Regulatory Commission acted improperly in separately analyzing the environmental impacts of several nominally separate...more

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