In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
6/2/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Government Agencies ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railroads ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more
1/30/2025
/ Affirmative Action ,
Alaska ,
Climate Change ,
Department of Energy (DOE) ,
Department of the Interior ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
FERC ,
Infrastructure ,
NEPA ,
OMB ,
Regulatory Agenda ,
Trump Administration
On December 17, 2024, the Office of Fossil and Carbon Management of the Department of Energy (“DOE”) released the long-awaited Liquefied Natural Gas (“LNG”) Export Study (“Study”). The Study was released 11 months after the...more
1/8/2025
/ Carbon Capture and Sequestration ,
Carbon Emissions ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Sector ,
Environmental Policies ,
Exports ,
Free Trade Agreements ,
Greenhouse Gas Emissions ,
Inflation Reduction Act (IRA) ,
Liquid Natural Gas ,
Natural Gas ,
Public Comment
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more
On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act (“CWA”). For decades, confusion has persisted...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more
Each new presidential administration brings with it its own set of policy goals and priorities. While the text of U.S. environmental law does not change without an act of Congress, agencies within the executive branch have a...more
News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more
1/20/2021
/ Administrative Procedure Act ,
Biden Administration ,
Clean Water Act ,
Congressional Review Act ,
Endangered Species Act (ESA) ,
Environmental Policies ,
FERC ,
Greenhouse Gas Emissions ,
Methane ,
Nationwide Permits (NWPs) ,
Natural Gas Act ,
NEPA ,
Pipelines ,
Trump Administration ,
Waters of the United States