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Supreme Court Limits NEPA Scope and Emphasizes Deference to Agencies

On May 29, 2025, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County that promises to significantly alter the scope of judicial review of environmental reviews performed under the...more

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

President Trump’s Day-One Executive Orders: Energy and Environment

On January 20, 2025, President Trump issued several Executive Orders and memoranda (the “EOs”) signaling a significant policy shift favoring robust and market-based energy production (mostly relying on fossil fuels), while...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

Department of Energy Announces $2.6 Billion Funding Opportunities for Carbon Capture, Storage and Transport Projects

On July 13, the U.S. Department of Energy (DOE) issued Notices of Intent indicating that the agency will begin soliciting applications in the coming months for funding support for two programs involving carbon capture,...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

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 regulations for the National Environmental Policy Act (“NEPA”). 85 Fed. Reg. 43,304...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

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