News & Analysis as of

National Environmental Policy Act Public Comment

Troutman Pepper

DOE Proposes to Limit NEPA Review for Transmission, Storage, and Solar

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On November 16, 2023, the U.S. Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) to update its National Environmental Policy Act (“NEPA”) implementing regulations to add a categorical exclusion for...more

Troutman Pepper

Department of Energy Proposes New Program to Streamline Federal Authorizations to Site Interstate Transmission Projects

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On August 10, 2023 in response to incentives made available through the Bipartisan Infrastructure Law and the Inflation Reduction Act, the U.S. Department of Energy (“DOE”) proposed reforms to its regulations governing the...more

Jenner & Block

Proposed NEPA Revisions Seek to Ingrain Environmental Justice into Permitting Decisions

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The Council on Environmental Quality recently published the “Bipartisan Permitting Reform Implementation Rule,” the second in a two-phase approach to revising National Environmental Policy Act (NEPA) implementation...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Troutman Pepper

CEQ issues Notice of Interim Guidance on Greenhouse Gas Emissions in NEPA Reviews

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On January 9, the White House Council on Environmental Quality (CEQ) issued an Interim Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change (Interim Guidance) “to assist Federal agencies in their...more

Brownstein Hyatt Farber Schreck

New Year, New NEPA Guidance

CEQ Issues an Updated Framework for Agencies to Assess Greenhouse Gas Emissions and Climate Impacts Federal agencies have new guidance to analyze and disclose greenhouse gas (GHG) emissions and climate change under the...more

Troutman Pepper

EPA’s Clean Water Act Certification Proposal to Significantly Impact Hydropower Licensing

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On June 1, the Environmental Protection Agency (EPA) released a pre-publication version of its proposal to re-write the Clean Water Act Section 401 rule (Certification Proposal), which, if finalized, is expected to have...more

Holland & Knight LLP

NEPA's Next Phase: Stay Tuned

Holland & Knight LLP on

A lot has been written recently about the recent final rule issued by the Council on Environmental Quality (CEQ) to amend certain provisions of its regulations for implementing the National Environmental Policy Act (NEPA)....more

Husch Blackwell LLP

FERC Updates Gas Pipeline Certificate Policy Statement and Issues Interim Policy Statement on GHG Emissions

Husch Blackwell LLP on

On February 17, 2022, the Federal Energy Regulatory Commission issued an updated policy statement on the certification of new interstate natural gas facilities (Updated Policy Statement). This Updated Policy Statement...more

Robinson+Cole Environmental Law +

CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...more

Pierce Atwood LLP

CEQ Moves to Reinstate Three Key NEPA Provisions Removed Under Trump Administration

Pierce Atwood LLP on

The White House Council on Environmental Quality (CEQ) announced today that it is initiating a rulemaking to restore three important procedural provisions of the National Environmental Policy Act (NEPA) that will apply to...more

HaystackID

[Webcast Transcript] Optimizing Public Comment Management in Environmental Impact Projects

HaystackID on

Editor’s Note: On April 21, 2021, HaystackID shared an educational webcast designed to inform and update legal and data discovery professionals on how organizations can manage public comment responses for environmental impact...more

Morgan Lewis - Up & Atom

NRC to Consider Streamlining NEPA Process with Additional Categorical Exclusions

The NRC recently published an advance notice of proposed rulemaking (ANPR) seeking public comments on possible amendments to its National Environmental Policy Act (NEPA) regulations on categorical exclusions. Comments are due...more

Goodwin

FDIC Finalizes Brokered Deposits and ILC Rules Ahead of the Holidays

Goodwin on

In this Issue. The Federal Deposit Insurance Corporation (FDIC) was busy this week, finalizing rules that modernize brokered deposits regulations, establish new standards for parent companies of industrial loan companies and...more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

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

National Environmental Policy Act - Counsel on Environmental Quality Proposed Rule Revisions: Examples of Opponent/Proponent...

As noted in a previous post (see previous post here), the Council on Environmental Quality (“CEQ”) on January 10th published a Federal Register Notice promulgating for the first time in 40 years revisions to the regulations...more

Dorsey & Whitney LLP

Trump Administration Proposes Revisions to Streamline Environmental Review Process under National Environmental Policy Act

Dorsey & Whitney LLP on

For many mining and infrastructure projects in the United States, a primary cause of permitting uncertainty, expense, and delay is compliance with the environmental review process under the National Environmental Policy Act...more

Spilman Thomas & Battle, PLLC

Proposed Rule Revisions for NEPA

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update...more

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Snell & Wilmer

Trump Proposes Rules to Expedite Infrastructure Projects

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On January 9, 2020, in one of the more significant environmental proposals of the current administration, President Trump’s Council on Environmental Quality (CEQ) proposed updates to its regulations for implementing the...more

Foley & Lardner LLP

NEPA-calypse Now?

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On New Year’s Day in 1970, Richard Nixon signed the National Environmental Policy Act of 1969 (“NEPA”), creating the Council on Environmental Quality (“CEQ”) and proclaiming “that the 1970s must be the years when America pays...more

White & Case LLP

White House Proposes Significant Rollbacks to the National Environmental Policy Act

White & Case LLP on

The Trump administration proposed rules intended to speed up approval of major projects subject to the National Environmental Policy Act (NEPA), such as pipelines, power facilities, mines, highways, and other public...more

King & Spalding

NEPA Modernization Promises Significant Change

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Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Brownstein Hyatt Farber Schreck

White House Releases NEPA Proposal

On Jan. 9, following a White House press conference, the Council on Environmental Quality (CEQ) released proposed revisions to National Environmental Policy Act (NEPA) regulations. The proposed rule seeks to rein in NEPA...more

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