News & Analysis as of

CEQ Biden Administration

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Allen Matkins

California Environmental Law & Policy Update 2.28.25

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On February 20, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule rescinding its regulations implementing the National Environmental Policy Act...more

Holland & Knight LLP

Seismic Changes in Federal Environmental Reviews: CEQ to Rescind NEPA Regulations

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The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

Holland & Knight LLP on

The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

Vinson & Elkins LLP

Outlook on the New Administration: Council on Environmental Quality and Environmental Reviews under the National Environmental...

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In 2020, President-elect Donald Trump promised to ensure that “America’s most critical infrastructure projects” would not be “tied up and bogged down by an outrageously slow and burdensome federal approval process.” Much of...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

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This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

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Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Wilson Sonsini Goodrich & Rosati

Sustainability and ESG Advisory Practice Update, August 2023

Federal Energy Regulatory Commission (FERC) Adopts Major Generator Interconnection Reforms - Last month, FERC Commissioners unanimously approved Order No. 2023 (the Order), which represents a significant reform to its...more

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

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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

K&L Gates LLP

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

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The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

ArentFox Schiff

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

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The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Ward and Smith, P.A.

Biden Administration Revitalizes and Advances the Federal Government's Commitment to Environmental Justice

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On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to...more

Beveridge & Diamond PC

Biden Administration Initiates Ocean Justice Strategy

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On June 8, 2023, the White House Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), announced the development of a new “Ocean Justice...more

Latham & Watkins LLP

Congress Advances Federal Environmental Permitting Reform in Fiscal Responsibility Act of 2023

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The reform mainly focuses on streamlining and narrowing the scope of environmental review at the federal level. On June 3, 2023, President Biden signed legislation implementing the bipartisan debt ceiling and budget...more

BCLP

White House CEQ Launches Task Forces to Promote Beneficial CCUS Projects

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The White House Council on Environmental Quality (CEQ) announced on March 24, 2023 membership in two new task forces to inform responsible development of Carbon Capture, Utilization, and Sequestration (CCUS). The task forces...more

Sheppard Mullin Richter & Hampton LLP

Updated CEQ Guidance for Analysis of GHG Emissions Sidesteps Key Legal Issues

In the latest effort by the Biden administration to promote consideration of climate and environmental justice impacts in federal decision-making, the White House Council on Environmental Quality (CEQ) recently issued interim...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

Stinson LLP on

On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

Perkins Coie

White House Releases Version 1.0 of Climate and Economic Justice Screening Tool

Perkins Coie on

The Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool (CEJST) on Tuesday, November 22, 2022. This tool is a key component of the administration’s environmental justice...more

Troutman Pepper Locke

Biden Administration Releases “Phase 1” of NEPA Revisions

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On April 20, the Council on Environmental Quality (CEQ) issued a Final Rule, revising certain sections of its regulations implementing the National Environmental Policy Act (NEPA). The Final Rule represents “Phase 1” of the...more

WilmerHale

New Screening Tool Maps Out Path To Advancing Environmental Justice

WilmerHale on

The path to advancing environmental justice (EJ) just got a lot clearer, thanks to a new digital mapping tool created by the White House Council on Environmental Quality (CEQ). CEQ released a “beta” version of the Climate and...more

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