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Returning to the 1970s: Agency NEPA Regulations Replaced by Guidance

A chain of events that started on Inauguration Day culminated with the June 30, 2025, withdrawal of National Environmental Policy Act (NEPA) regulations that have, since the 1970s, structured decision-making processes at the...more

DOI Exercises Authority Under Novel Emergency Authorities To Approve Uranium Mine

Key Takeaways - -The Department of the Interior approved the reactivation of the Velvet-Wood uranium and vanadium mine using new emergency procedures issued pursuant to President Trump’s Executive Order 14156, which declared...more

Supreme Court Issues “Course-Correcting” NEPA Decision

The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

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

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

DC Circuit Rejects CEQ’s Rulemaking Authority

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

SCOTUS To Review the Scope of Agencies’ NEPA Review

The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more

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