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

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

Beyond the Fenceline: Environmental Justice Updates – December 2023

Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

New Executive Order Doubles Down on Environmental Justice Focus and Brings New Concerns for Business

President Biden issued an Executive Order on April 21, 2023 titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All” (the “EO”). The EO continues the Administration’s emphasis on environmental justice by...more

US EPA Issues Draft Strategic Plan

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

Energy Newsletter - September 2020

Climate Change Litigation on the Horizon with Trump Environmental Overhaul - On July 16, 2020, President Trump’s Council on Environmental Quality (“CEQ”) published the long-awaited final rule revising the implementing...more

Energy Newsletter - February 2020

U.S. Government’s Continued Focus on Large Ship Air Emissions - The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships...more

NEPA Modernization Promises Significant Change

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

Energy Newsletter - July 2018

The New Midstream Transactions - A recent trend in the upstream and midstream oil and gas industry is for midstream services providers to offer certain forms of additional compensation to oil and gas lessees / operators...more

Council on Environmental Quality Pushes Forward on NEPA Reform

On June 20, 2018, the Council on Environmental Quality (“CEQ”) announced that it is considering updates to its implementing regulations under the National Environmental Policy Act (“NEPA”). CEQ is responsible for issuing...more

Federal Agencies Agree to Streamline Environmental Review and Approval of Infrastructure Projects

Two years is the goal for completion of NEPA review - On April 9, 2018, the White House released a Memorandum of Understanding (“MOU”) between twelve federal agencies that is intended to increase the speed and reliability...more

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