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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

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 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

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

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