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Regulatory Reform Environmental Litigation

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

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On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

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The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

Dorsey & Whitney LLP on

On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

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On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

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On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Allen Matkins

California Environmental Law & Policy Update 5.23.25

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The Senate on Thursday blocked California’s landmark plan to phase out the sale of new gasoline-powered vehicles, setting up a legal battle that could shape the electric car market in the United States. The consequences of...more

McGlinchey Stafford

5th Circuit Establishes New Standard for EPA on Sulfur Dioxide Omissions

McGlinchey Stafford on

On May 16, 2025, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling in a longstanding dispute between the Texas Commission on Environmental Quality (TCEQ) and the U.S. Environmental Protection Agency...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

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On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

Coblentz Patch Duffy & Bass

There’s Always This Year? 2025 Legislature Considers CEQA Reforms to Spur Housing

California’s 2025 legislative cycle includes another ambitious package of housing bills as the state continues to look for ways to ease the housing crisis amidst continued political and economic uncertainty. Reforming the...more

Cozen O'Connor

California to Repeal Clean Fleets Regulation Following GOP AGs Challenge

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A group of 16 Republican AGs, the Arizona legislature, and a trade association announced that as a result of their lawsuit challenging California’s Advanced Clean Fleets regulation, the California Air Resources Board (CARB)...more

Allen Matkins

California Environmental Law & Policy Update 5.2.25

Allen Matkins on

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Mintz

Trump Issues Executive Order Targeting State Action on Climate Change

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Earlier this month, President Trump issued an executive order that sought to target actions undertaken by individual U.S. states to combat climate change, for the stated purpose of ensuring “American energy dominance.”...more

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

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After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Pillsbury - PFAS Observer

Court Grants Additional 30-Day Pause in PFAS Drinking Water Rule Litigation

On April 10, 2025, at the request of the Environmental Protection Agency (EPA), the U.S. Court of Appeals for the District of Columbia Circuit extended the stay by 30 days in American Water Works Association, et al. v. EPA,...more

Allen Matkins

California Environmental Law & Policy Update 4.11.25

Allen Matkins on

President Trump issued an executive order this Tuesday taking aim at state and local climate change laws and policies, including California’s landmark market program for reducing greenhouse gases. The order directs U.S....more

Pillsbury - PFAS Observer

Court Approves 60-Day Stays in Legal Battles over Biden-Era PFAS Regulations amid Administration Shift

In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more

Pillsbury Winthrop Shaw Pittman LLP

Council on Environmental Quality Rescinds NEPA Regulations

Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more

Saul Ewing LLP

The Three Things You Should Know About the Council on Environmental Quality’s Removal of its National Environmental Policy Act...

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On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)....more

Cozen O'Connor

The State AG Report – 02.20.2025

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Texas AG Investigates DeepSeek - •Florida Secures Order...more

Allen Matkins

The CEQ has No Clothes: The End of CEQ’s NEPA Regulations and the Future of NEPA Practice

Allen Matkins on

On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more

Perkins Coie

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

Perkins Coie on

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

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The National Environmental Policy Act, or NEPA, is in the midst of a major judicial and regulatory shakeup. In the past three months, four major events have thrown the validity of NEPA regulations into doubt ...more

McGlinchey Stafford

Trump EPA: Interplay of Deregulation and NGO Citizen Suits

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President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more

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