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Future Uncertain for National Environmental Policy Act Implementation

Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more

Parties Seek Rehearing in Marin Audubon v. Federal Aviation Administration

In a sign of the times, both petitioners and respondents filed petitions for rehearing en banc of the recent decision of a split panel of the United States Court of Appeals for the D.C. Circuit that held that the Council on...more

D.C. Circuit Invalidates NEPA Regulations

On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more

National Environmental Policy Act Regulations: Phase 2 – Streamlining NEPA Review

This is the third in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more

National Environmental Policy Act Regulations: Phase 2 – Does NEPA Apply?

This is the second in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more

National Environmental Policy Act Regulations: Phase 2 – A Deeper Dive, Part 1

On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more

CEQ Finalizes First Phase of NEPA Revisions

The Council on Environmental Quality (CEQ) has finalized revisions to portions of the agency’s National Environmental Policy Act (NEPA) implementing regulations (Phase I Regulations), which had been revised in 2020 under the...more

NEPA Rules Rewrite: Déjà Vu All Over Again

This is the first in a series of eAlerts on proposed revisions to regulations implementing the National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality (CEQ). This Notice of Proposed Rulemaking...more

One Step Back for NEPA Regulations

On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more

CEQ Tweaks NEPA Regulations

On June 29, 2021, the Council on Environmental Quality (CEQ) will publish an interim final rule (IFR) extending the deadline by which federal agencies are required to adopt updated National Environmental Policy Act (NEPA)...more

NEPA Rules Rewrite: Content of NEPA Documents Under New CEQ Rules

This is the fourth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 (Final Regulations) by the Council on Environmental Quality...more

NEPA Rules Rewrite: Initiation of the Environmental Impact Statement Process

This is the second in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more

NEPA Rules Finalized; Effect Remains to be Seen

On July 16, 2020, the Council for Environmental Quality (CEQ) released in final form its eagerly anticipated revisions the National Environmental Policy Act (NEPA) implementing regulations (NEPA ]Rules)....more

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