News & Analysis as of

Regulatory Requirements National Environmental Policy Act

Perkins Coie

Trump Administration Launches Sweeping Initiative to Advance Deployment of Nuclear Technology

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On Friday, May 23, 2025, President Trump signed four executive orders related to nuclear energy, three of which seek to expedite approval processes for permitting new nuclear reactors. The orders, which build upon...more

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

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On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Pillsbury Winthrop Shaw Pittman LLP

White House Directs Modernization of NEPA Permitting to Accelerate Environmental Reviews

The Trump administration’s directive instructs the Council on Environmental Quality to implement technological reforms and establish a unified federal system to conduct environmental reviews and evaluate permits....more

King & Spalding

REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty

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The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more

Dickinson Wright

Federal Agencies Ordered to Streamline Infrastructure Permits

Dickinson Wright on

On April 15, 2025, a Presidential Memorandum was issued directing agencies to leverage technology to evaluate environmental permitting decisions and to streamline the review process. The Memorandum directs executive...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

Wenning Environmental on

President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

Jones Day

EPA Puts "Holy Grail" of Climate Change in Crosshairs by Reconsidering Endangerment Finding and Other Regulations

Jones Day on

The U.S. Environmental Protection Agency ("EPA") announced an agenda to revisit numerous regulations addressing the emission of greenhouse gases ("GHGs")....more

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

2024 Conservation Report Card for the 118th Congress: Defenders of Wildlife Announces Release

Defenders of Wildlife (“Defenders”) announced on March 13th its release of a document titled: 2024 Conservation Report Card for the 118th Congress (“Report Card”). Defenders says the Report Card assesses the...more

Womble Bond Dickinson

The US Uranium Dilemma: Domestic Production Challenges in an Era of Growing Nuclear Energy Demand

Womble Bond Dickinson on

The US has a massive disparity between domestic uranium production and demand, highlighting a critical dependency on foreign sources, particularly as nuclear energy development is expected to increase. Recent federal public...more

Saul Ewing LLP

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

Saul Ewing LLP on

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

Pierce Atwood LLP

CEQ Sounds Death Knell for Existing NEPA Regulations

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The rapid changes relating to NEPA-implementing regulations accelerated this week, as the White House Council on Environmental Quality (CEQ) published an interim final rule (IFR) removing its NEPA regulations from the Code of...more

Alston & Bird

CEQ Scraps NEPA Regulations, Paves Way for Shake-Up in Environmental Law

Alston & Bird on

Our Environment, Land Use & Natural Resources Group breaks down the Interim Final Rule and guidance issued by the White House Council on Environmental Quality (CEQ) on February 19, 2025....more

Perkins Coie

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

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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

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

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

Dorsey & Whitney LLP

NEPA Regulations Unravel

Dorsey & Whitney LLP on

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

Carlton Fields

NEPA: New Executive Order and Court Rulings Create Major Uncertainties for Compliance and Litigation

Carlton Fields on

There is more uncertainty today about how to implement the National Environmental Policy Act (NEPA) than at any time in decades. NEPA is one of the primary laws governing the timeline for federal agency permits and serves as...more

Troutman Pepper Locke

FERC Reinstates Authorization for Transco Pipeline Expansion Project

Troutman Pepper Locke on

On January 24, 2025, FERC reinstated a certificate of public convenience and necessity (“CPCN”) for Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) after the D.C....more

Holland & Knight LLP

Executive Order: Temporary Withdrawal of All Areas on the Outer Continental Shelf from Offshore Wind Leasing and Review of the...

Holland & Knight LLP on

Date Issued: Jan. 20, 2025 This executive order temporarily halts all offshore wind energy leasing within the Offshore Continental Shelf (OCS). It aims to address concerns related to marine life, ocean currents, wind...more

Perkins Coie

NEPA Practice Without CEQ Regulations

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By directing the Council on Environmental Quality (CEQ) to propose rescinding CEQ’s National Environmental Policy Act (NEPA) regulations, President Donald Trump’s executive order on “Unleashing American Energy” affects not...more

Troutman Pepper Locke

Court Finds FERC Appropriately Evaluated Decision to Retain Dams in License Surrender

Troutman Pepper Locke on

On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more

Womble Bond Dickinson

Breaking Down the Good Samaritan Act: What It Means for Hardrock Mine Remediation

Womble Bond Dickinson on

In December 2024, the Good Samaritan Remediation of Abandoned Hardrock Mines Act became law. Lauded by the National Mining Association as “the final step in securing a key solution to tackle the long-overdue cleanup of legacy...more

Pierce Atwood LLP

D.C. Circuit Court Again Addresses NEPA’s Scope

Pierce Atwood LLP on

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit, in Citizens Action Coalition of Indiana v. FERC, rejected a National Environmental Protection Act (NEPA) and Natural Gas Act (NGA) challenge to FERC’s...more

Schwabe, Williamson & Wyatt PC

A Period of Uncertainty for NEPA, and a Blank Slate for the Supreme Court‎

With argument looming at the Supreme Court December 10 on Seven County Infrastructure Coalition v. Eagle County, the D.C. Circuit’s November 12 decision in Marin Audubon Society v. F.A.A. opens the door to much wider changes...more

Foley Hoag LLP - Environmental Law

If CEQ No Longer Implements NEPA, Is that Good or Bad for Project Developers?

Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more

King & Spalding

National Environmental Policy Act Implementing Regulations Revisions Phase 2

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The White House's Council on Environmental Quality (“CEQ”) recently finalized its “Phase 2” rule, which revises CEQ’s National Environmental Policy Act (“NEPA”) regulations. The rule aims to accelerate NEPA project review by...more

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