News & Analysis as of

National Environmental Policy Act Programmatic Environmental Impact Statement (PEIS)

Foley Hoag LLP - Environmental Law

FERC Cannot Avoid the Social Cost of Carbon By Arguing That It is Not Universally Accepted

On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted...more

Wiley Rein LLP

USDA and Mexico Actions Impact Genetically Engineered Foods in the United States

Wiley Rein LLP on

Two contrasting regulatory decisions by authorities in the United States and Mexico highlight the continued progress toward, and challenges to, the development of science and evidence based regulatory policies applicable to...more

Perkins Coie

BLM’s Lease of Lands in Alaska’s National Petroleum Reserve Using Programmatic-Level EIS Did Not Violate NEPA

Perkins Coie on

The Ninth Circuit held that a 2012 Environmental Impact Statement that provided a programmatic-level analysis for management of lands in the Alaska National Petroleum Reserve could also be used as the site-specific analysis...more

K&L Gates LLP

NOAA Identifies the First Two Aquaculture Opportunity Areas to Facilitate Expansion of Aquaculture in Federal Waters

K&L Gates LLP on

The National Oceanic and Atmospheric Administration (NOAA) announced that it has identified the first two regions where Aquaculture Opportunity Areas (AOAs) will be located in federal waters off Southern California and in the...more

Hogan Lovells

Nuclear Innovation Alliance Publishes Two Papers on Streamlining NRC Licensing Reviews for Advanced Reactors

Hogan Lovells on

The Nuclear Innovation Alliance (NIA) late last week published two papers on recommendations for addressing regulatory challenges related to advanced reactor licensing...more

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

U.S. Forest Service National Environmental Policy Act Regulations: Proposed Revisions

The United States Forest Service (“Service”) published a proposal in the June 13th Federal Register that contains a package of revisions to its National Environmental Policy Act (“NEPA”) regulations. See 84 Fed. Reg. 27544. ...more

Foley Hoag LLP - Environmental Law

Eliminating a Moratorium Affecting 1.86 Billion Tons of Coal Is Final Agency Action

In 2016, DOI Secretarial Order 3338 imposed a moratorium on new coal leases on federal land until BLM prepared a programmatic environmental impact statement intended to address, among other issues, the impact of coal leasing...more

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

Confined Animal Feeding Operations: Arkansas Environmental Organization Joins Challenge to USDA Rule Changes for Loans to...

The White River Waterkeeper, of Arkansas, recently joined other environmental and animal rights advocacy organizations to file a lawsuit challenging the U.S. Department of Agriculture (USDA) Farm Service Agency’s (FSA) 2016...more

Snell & Wilmer

Welcome Reforms in Federal Coal Leasing, Permitting and NEPA Streamlining

Snell & Wilmer on

The Utah coal industry has benefited from recent reforms in federal coal leasing, permitting and streamlining of environmental review under the National Environmental Policy Act (“NEPA”). During the previous administration,...more

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

Wildlife Damage Management/National Environmental Policy Act: U.S. District Court (D. Idaho) Addresses Whether EIS Required

The United States District Court (“D. Idaho”) addressed in a June 22nd Memorandum Decision and Order (“Order”) a National Environmental Policy Act (“NEPA”) issue raised in connection with a U.S. Department of Agriculture...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

Holland & Hart LLP

Interior Department Not Obligated to Update NEPA Analysis for Coal Leasing Program

Holland & Hart LLP on

On June 19, 2018, the U.S. Circuit Court of Appeals for the District of Columbia rejected a challenge by environmental groups and held that the U.S. Department of the Interior (DOI) has no legal obligation to update its...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

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

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

Pillsbury Winthrop Shaw Pittman LLP

Time Will Tell If Trump Infrastructure Executive Order Shortens Federal Reviews

On August 15, 2017, President Trump issued an Executive Order (EO) (not yet numbered) that seeks to streamline federal environmental review and approvals of major infrastructure projects by imposing new timelines and...more

Foley Hoag LLP - Environmental Law

The Social Cost of Carbon: Not Too Speculative for NEPA

Earlier this week, the Judge Donald Malloy of the District Court for the District of Montana granted summary judgment to the Montana Environmental Information Center on several of its claims alleging that the Office of...more

WilmerHale

DOI Releases Scoping Report on Coal Leasing Reforms

WilmerHale on

On January 11, 2017, the Bureau of Land Management (BLM) within the Department of the Interior released a scoping report analyzing a wide range of proposed reforms to the federal coal leasing program, administered by the BLM....more

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