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EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

Trump 2.0: National Energy Emergency Targets Fossil Fuel, Uranium and Critical Minerals Expansion and Infrastructure Overhaul

The executive order aims to expedite energy projects, boost domestic production, and strengthen U.S. energy independence through streamlined regulatory reforms. On January 20, 2025, President Trump issued the “Declaring a...more

A Court-Side Seat – Case Law Update (February 2022)

It is already early in 2022, but several important environmental cases have already been decided by the federal district and federal appellate courts. THE COURTS OF APPEAL - The U.S. Court of Appeals for the Fourth Circuit ...more

Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act

With the enactment of this important legislation, its impact on environmental regulation and policy will be carefully analyzed by the regulated community. Such a review may be hampered by the fact that the law is not only...more

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more

A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick...

This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is...more

A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth...

Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more

Appalachian Trail Pipeline Case Argued before the Supreme Court

On February 24, 2020, the Supreme Court heard the oral arguments in the case of U.S. Forest Service, et al. v. Cowpasture River Preservation Association, et al....more

Proposed NEPA Regulations Would Streamline Analysis and Eliminate Cumulative Impacts

The proposed NEPA regulations would eliminate agencies’ obligation to consider a project’s indirect and cumulative impacts in environmental reviews and would shorten the time frame for completing reviews, among other major...more

Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

On August 13, 2019, in a case that may have an impact on the leasing of federal lands for energy development in the future, the U.S. District Court for the Missoula, Montana Division, issued a ruling in the case of Western...more

DC Circuit Approves, with Some Misgivings, FERC’s Approval of the Atlantic Sunrise Natural Gas Pipeline Extension

The U.S. Court of Appeals for the DC Circuit decided the case of Allegheny Defense Project, et al. v. Federal Energy Regulatory Commission on August 2, 2019. ...more

As Some States Use the Clean Water Act to Delay Energy Projects, EPA Issues New CWA 401 Guidance

In just the past few weeks, three states have used their Clean Water Act 401 authority to delay, for an indefinite period, FERC-authorized pipeline expansion projects....more

President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

On April 10, President Trump issued two Executive Orders (EO) relating to the revision of some aspects of federal energy policy and development. 1. The first EO is very comprehensive, affecting many federal agencies and...more

Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795

On March 29, the U.S. District Court for the District of Alaska issued two separate rulings that reversed and set aside energy and environmental decisions made by the current administration, which had revoked decisions made...more

The Proposed House Green New Deal Resolution

A Resolution has been propsed to the House for consideration that would recognize the Federal Government’s duty “to create a Green New Deal.” It sets forth a very ambitious 10-year program to mobilize and transform every...more

Green New Deal – Full Language – www.gp.org

Here’s the visionary “Green New Deal” of the Green Party, apparently drafted sometime in 2016 and which has attracted some support. The centerpiece of this program is the transition to a 100% clean, renewable energy base....more

A Trio of Environmental Decisions from the Fourth Circuit

Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. ...more

Two Federal Court of Appeals Confirm Constitutional Challenge to FERC Order is Subject to National Gas Act Review Procedures

On July 25, the U.S. Court of Appeals for the Third Circuit decided the case of Adorers of the Blood of Christ v. FERC, and affirmed the order of the U.S. District Court for the Eastern District of Pennsylvania dismissing the...more

New Federal Register Notices (May 30, 2018)

The following notices were published yesterday: 1. The Federal Energy Regulatory Commission (FERC) will be taking another look at its implementation of FAST Act Section 61003 regarding the security and resilience of...more

District Court Confirms that City of Oakland Breached its Development Agreement with Coal Terminal Developer

On May 15, the U.S. District Court for the Northern District of California held that the City of Oakland’s attempt to apply a new “coal ban” ordinance to a coal handling terminal was invalid. The District Court concluded that...more

CRS Publishes Climate Change-Related Report

On February 1, the Congressional Research Service published a report entitled Evolving Assessments of Human and Natural Contributions to Climate Change. The report traces evolution of scientific understanding and confidence...more

EPA Issues Final Report re: Development of Domestic Energy Resources

In compliance with the March 28, 2017 Presidential Executive Order on Promoting Energy Independence and Economic Growth (EO 13783), the Environmental Protection Agency (EPA) has released its Final Report on Review of Agency...more

NYDEC Waived Right to Act on a CWA 401 Water Qualification

The Federal Energy Regulatory Commission’s (FERC) decision in the matter of Millennium Pipeline Company, LLC was issued on September 15, 2017. FERC determined that the New York State Department of Environmental Conservation...more

EPA’s Issuance of a 90-Day Stay of the New Methane Rule Was Unlawful

On July 3, the U.S. Court of Appeals for the District of Columbia held, in a 2 to 1 decision, that the Environmental Protection Agency (EPA) lacked authority under the Clean Air Act (CAA) to issue a temporary stay of its new...more

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