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Administrative Procedure Act Oil & Gas

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

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The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Blake, Cassels & Graydon LLP

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair and Unreasonable

In a judicial review, the Alberta Court of King’s Bench, in Imperial Oil Resources Limited v. Alberta (Minister of Energy), overturned decisions (Decisions) made by a delegate of the Minister of Energy, the Director of...more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

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A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

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On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Kelley Drye & Warren LLP

The Future of NEPA: Supreme Court Resets the Rules

On June 11, the Supreme Court issued a major decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that could reshape how infrastructure projects are reviewed, approved, and challenged under the National...more

(ACOEL) | American College of Environmental...

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage...more

Womble Bond Dickinson

Seven County Infrastructure Coalition v. Eagle County: A Turning Point For The National Environmental Policy Act

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Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more

Robinson+Cole Environmental Law +

Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed...more

Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

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In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

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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

Schwabe, Williamson & Wyatt PC

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared...more

Steptoe & Johnson PLLC

Infrastructure Projects Win a Victory in the U.S. Supreme Court

A unanimous U.S. Supreme Court ruled on May 29 that lower courts had overstepped their bounds when reviewing federal agency actions pursuant to the National Environmental Policy Act (NEPA). The decision in Seven County...more

Latham & Watkins LLP

US Supreme Court Clarifies Scope of Review Under NEPA

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The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses....more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

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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

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

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On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Mayer Brown

ANP Approves Precedent Statements on Integrity Management in Exploration and Production Units

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On May 15, 2025, the Board of Directors of the National Agency of Petroleum, Natural Gas and Biofuels (“ANP”) approved precedent statements on integrity management in exploration and production units, with the aim of...more

Holland & Knight LLP

EPA Announces Deregulatory Initiative to "Power the Great American Comeback"

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U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced on March 12, 2025, that EPA will undertake 31 distinct actions in an effort to advance President Donald Trump's Day One executive orders (EOs) to...more

Vorys, Sater, Seymour and Pease LLP

Ohio Appellate Court Holds Commission’s Approvals of Nominations for Leasing State Lands Are Not Subject to Appeal

Recently, in Save Ohio Parks v. Oil & Gas Land Mgt. Comm., 2025-Ohio-847, Ohio’s Tenth District Court of Appeals held that R.C. 119.12 does not provide a right to appeal the decisions of the Oil & Gas Land Management...more

Orrick, Herrington & Sutcliffe LLP

Navigating Executive Actions: How to Assess Their Impact and Legality

In the first two weeks of his second administration, President Donald J. Trump has signed dozens of executive orders and “taken more than 300 executive actions” on a broad array of topics. These topics include oil and gas...more

Oliva Gibbs

No Risk, No Reward: The Liberty v. NDIC Decision Holds That Risk Penalties Can be Recovered From Total Unit Production

Oliva Gibbs on

In Liberty Petro. Corp. v. N.D. Indus. Comm’n, the Supreme Court of North Dakota addressed whether nonconsent risk penalties must be assessed on a well-by-well basis or can be recovered from overall unit production. The court...more

Bracewell LLP

The Trump Administration’s Day-One Executive Actions: Impacts on Energy and Environmental Policy and More

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On January 20, 2025, President Trump re-assumed the presidency with a flurry of executive orders and memoranda, many of which directly impacted energy and environmental issues. These orders included a production-minded...more

Hicks Johnson

The 23rd Annual Energy Litigation Conference: Key Takeaways Regarding Construction Litigation Issues on Renewable Projects

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Last week we were lucky enough to attend the Institute of Energy Law’s 23rd Annual Energy Litigation Conference in Houston, TX, and hear its unique collection of industry professionals exchange insights and address some of...more

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