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Rulemaking Process National Environmental Policy Act

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

Allen Matkins on

Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

Troutman Pepper Locke on

On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

DLA Piper

CEQ Issues Memorandum on NEPA Implementation: Top Points

DLA Piper on

The Trump Administration has begun operationalizing its regulatory strategy for projects requiring evaluation under the National Environmental Policy Act (NEPA). In this alert, we discuss two key actions being taken and key...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

Pierce Atwood LLP

CEQ Sounds Death Knell for Existing NEPA Regulations

Pierce Atwood LLP on

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

Beveridge & Diamond PC

NEPA: Back to the Drawing Board

Beveridge & Diamond PC on

Today the Council on Environmental Quality (CEQ) issued an interim final rule (IFR) that will soon remove all existing CEQ regulations implementing the National Environmental Policy Act (NEPA). Other than the issuance of...more

Schwabe, Williamson & Wyatt PC

NEPA’s Future Comes Into View with New Guidance and Rule Recission ‎

The past few months have been a period of high uncertainty over implementation of the National Environmental Policy Act (NEPA). In December, the Supreme Court heard arguments in a case that addressed the scope of foreseeable...more

Nossaman LLP

Future Uncertain for National Environmental Policy Act Implementation

Nossaman LLP on

Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...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

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Pillsbury Winthrop Shaw Pittman LLP

Biden Signs ADVANCE Act into Law

The landmark nuclear legislation will help drive development, innovation, investment and deployment of advanced nuclear technologies. The ADVANCE Act takes substantial steps to help expedite the development and deployment...more

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Goldberg Segalla

New NEPA Rule Eases Permitting Process while Advancing Environmental Justice

Goldberg Segalla on

On the final day of April 2024, a week and a half after Earth Day, the Biden-Harris Administration announced that the White House Council on Environmental Quality (CEQ) finalized a rule intended to simplify and modernize the...more

Pierce Atwood LLP

CEQ Finalizes Substantial Revisions to NEPA

Pierce Atwood LLP on

The White House Council on Environmental Quality (CEQ) today published its final rule to implement “Phase 2” of its National Environmental Policy Act (NEPA) regulation amendments. This is CEQ’s final step to unwind many of...more

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

Jones Day on

Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...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

Goldberg Segalla

A Reversed Reversal Of NEPA Rules

Goldberg Segalla on

Last week, through the Council on Environmental Quality’s (CEQ) publication of a final rule at the close of phase one of a two-phase rulemaking process, the Biden administration began its efforts to reverse the prior...more

K&L Gates LLP

Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

K&L Gates LLP on

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

Hogan Lovells

NRC Commission and staff take several actions impacting environmental reviews during licensing

Hogan Lovells on

First, the Commission voted to not conduct a formal rulemaking on the NRC’s current environmental review process under 10 CFR Part 51. Separately, the staff proposed alternative timelines for a rulemaking to revise the...more

Brownstein Hyatt Farber Schreck

CEQ Restores the Status Quo with Phase 1 Changes to NEPA Regulations

On Wednesday, April 20, the Council on Environmental Quality (CEQ) published a final rule completing the first stage of rulemaking to revise certain provisions of the National Environmental Policy Act’s (NEPA) implementing...more

Morgan Lewis - Up & Atom

NRC Selects Aggressive Schedule to Confirm GEIS Applicability to Subsequent License Renewal

The Commission recently approved the NRC Staff’s recommendation to pursue a 24-month schedule for updating the agency’s Generic Environmental Impact Statement for License Renewal of Nuclear Plants (LR GEIS). The Commission’s...more

(ACOEL) | American College of Environmental...

What’s the Big Deal With NEPA?

Congress passed, and President Richard Nixon signed, the National Environmental Policy Act (“NEPA”) in 1970. The legislation is deceptively simple, taking up less than six pages upon enactment. It requires a federal agency...more

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