In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
6/2/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Government Agencies ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railroads ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more
5/27/2025
/ Budget Reconciliation ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
FERC ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Legislation ,
Oil & Gas ,
Permits ,
Pipelines ,
Regulatory Reform
After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more
1/30/2025
/ Affirmative Action ,
Alaska ,
Climate Change ,
Department of Energy (DOE) ,
Department of the Interior ,
Diversity and Inclusion Standards (D&I) ,
Energy Sector ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
FERC ,
Infrastructure ,
NEPA ,
OMB ,
Regulatory Agenda ,
Trump Administration
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
On May 13, 2024, the Federal Energy Regulatory Commission (“FERC” or “Commission”) established “a new foundation” upon which new electric transmission facilities can be planned, paid for, and built. The Commission did so...more
5/17/2024
/ Cost Allocation ,
Department of Energy (DOE) ,
Eminent Domain ,
Energy Sector ,
Environmental Justice ,
Federal Power Act ,
FERC ,
Infrastructure Investment and Jobs Act (IIJA) ,
NEPA ,
Notice of Proposed Rulemaking (NOPR) ,
Transmission Planning
In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more
8/17/2023
/ Biden Administration ,
Carbon Capture and Sequestration ,
Carbon Emissions ,
CEQ ,
Department of Energy (DOE) ,
Energy Sector ,
Environmental Impact Statements ,
Federal Power Act ,
FERC ,
NEPA ,
Renewable Energy
On June 3, 2023, President Biden signed into law the Fiscal Responsibility Act of 2023 (“the Act”), which includes modest changes to the National Environmental Policy Act (“NEPA”), among other things. The Act amends NEPA in...more