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DOI Exercises Authority Under Novel Emergency Authorities To Approve Uranium Mine

Key Takeaways - -The Department of the Interior approved the reactivation of the Velvet-Wood uranium and vanadium mine using new emergency procedures issued pursuant to President Trump’s Executive Order 14156, which declared...more

Supreme Court Issues “Course-Correcting” NEPA Decision

The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

Executive Orders, Lawsuits Seek To Jumpstart Permitting of Nuclear Reactors

President Donald Trump signed four executive orders (EOs) on May 23, 2025, related to nuclear energy—three of which seek to expedite approval processes for permitting new nuclear reactors. The EOs collectively aim to harness...more

Trump Administration Launches Sweeping Initiative to Advance Deployment of Nuclear Technology

On Friday, May 23, 2025, President Trump signed four executive orders related to nuclear energy, three of which seek to expedite approval processes for permitting new nuclear reactors. The orders, which build upon...more

Trump Administration Takes Next Step To Advance Domestic Mineral Production

Continuing the administration’s strategy to enhance domestic mining and processing of minerals and to minimize the United States’ reliance on imports, on March 20, 2025, President Donald Trump issued Executive Order (EO)...more

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

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

DC Circuit Rejects CEQ’s Rulemaking Authority

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

The Inflation Reduction Act and the Rise of Clean Hydrogen

President Biden signed into law the Inflation Reduction Act (the Act) on August 16, 2022, which, among other things, uses the tax code to slow the effects of climate change by significantly investing in clean energy and...more

Biden Administration Secures Supply Chains of Strategic and Critical Minerals for Clean Energy Economy

President Biden, on March 31, 2022, invoked the Defense Production Act to secure reliable supply chains for minerals essential to a clean energy transition, including lithium, nickel, cobalt, graphite, and manganese. These...more

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Escalating Stakes in Battle for Ocean Wind

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here. However,...more

DOE Loan Programs Office Backs Loan Guarantees to Foster Innovation and Achieve 2050 Net Zero Carbon Economy

Under the new leadership of Director Jigar Shah, the U.S. Department of Energy’s Loan Programs Office (LPO) has announced that more than $40 billion is available in loans and loan guarantees to fund innovative energy...more

Chief Justice Roberts' Statement Questions Broad Presidential Authority Under the Antiquities Act of 1906

On March 22, 2021, the U.S. Supreme Court denied certiorari in a case that upheld President Obama’s designation under the Antiquities Act of the Northeast Canyons and Seamounts Marine National Monument in the northern...more

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