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
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
2/21/2025
/ Administrative Procedure Act ,
CEQ ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Final Rules ,
NEPA ,
Public Comment ,
Regulatory Reform ,
Regulatory Requirements ,
Rulemaking Process
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
A federal court recently prohibited the U.S. Department of the Interior from approving any plans or permits for offshore fracking off the California coast until it complies with the Endangered Species Act (ESA) and the...more
The Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that...more
On April 9, 2018, the heads of a dozen federal agencies executed a memorandum of understanding on implementation of Executive Order 13807, which directed federal agencies to expedite environmental review and permitting for...more
On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more
2/1/2018
/ Clean Water Act ,
Construction Project ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Review ,
Exclusive Jurisdiction ,
Funding Requirements ,
Infrastructure ,
Judicial Review ,
Land-Use Permits ,
NEPA ,
Section 401 ,
Statute of Limitations
President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more
8/28/2017
/ Clean Water Act ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Executive Orders ,
Federal Land ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Flood Zones ,
Infrastructure ,
NEPA ,
Permits ,
Revocation ,
Trump Administration
The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more
8/31/2016
/ Appeals ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Incidental Take Permits ,
NEPA ,
Popular ,
Renewable Energy ,
US Fish and Wildlife Service ,
Wind Power
On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more
On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more
8/18/2015
/ Bald and Golden Eagle Protection Act ,
Conservation ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Report (EIR) ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Renewable Energy ,
State Department of Fish and Wildlife ,
Wind Power
The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the...more