Last month, the New York State Department of Environmental Conservation (NYSDEC) published an Advanced Notice of Proposed Rule Making (ANPRM) to solicit stakeholder input on future proposed regulations for closed-loop...more
8/15/2025
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Clean Energy ,
Comment Period ,
Energy Sector ,
Environmental Impact Statements ,
Geothermal Energy ,
New York ,
Permits ,
Proposed Rules ,
Regulatory Requirements ,
Renewable Energy ,
Stakeholder Engagement
Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that:
- The...more
12/20/2024
/ Citizen Suits ,
Climate Action Plan ,
Climate Change ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Injunctions ,
Montana ,
MT Supreme Court ,
Permits ,
State Constitutions
On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more
Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations. The final rule largely implements the proposed rule, though with some minor changes. Since the final rule...more
So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include:
• explicit consideration of indirect impacts
• renewed...more
10/12/2021
/ CEQ ,
Clean Energy ,
Energy Sector ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
NEPA ,
Trump Administration ,
Wind Power
On August 3, the District of Columbia Court of Appeals held that FERC could not avoid use of the social cost of carbon in assessing the impacts of natural gas projects by arguing that “there is no universally accepted...more
8/6/2021
/ Administrative Procedure Act ,
Appeals ,
Carbon Pricing ,
Climate Change ,
Environmental Impact Statements ,
Environmental Justice ,
FERC ,
Greenhouse Gas Emissions ,
NEPA ,
Programmatic Environmental Impact Statement (PEIS) ,
Summary Judgment
Earlier this Month, Judge James Boasberg, who had previously ruled that the easement allowing construction of the Dakota Access Pipeline must be vacated due to a failure to comply with NEPA, nonetheless declined to issue an...more
Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more
2/4/2021
/ Appeals ,
Biden Administration ,
Dakota Access Pipeline ,
Energy Sector ,
Environmental Impact Statements ,
Executive Orders ,
NEPA ,
New Legislation ,
Oil & Gas ,
Pipelines ,
US Army Corps of Engineers
Last week, Judge James Jones declined to issue a preliminary injunction that would have prevented implementation of the Trump Administration’s NEPA revisions. Judge Jones’s explanation was fairly sparse. He merely noted that...more