News & Analysis as of

CEQ Climate Change Environmental Policies

Jones Day

Evolving NEPA Regulations May Facilitate Energy Projects

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The National Environmental Protection Act ("NEPA") requires that federal agencies assess the environmental effects of their proposed actions prior to making final decisions, including decisions on issuing federal permits,...more

Akin Gump Strauss Hauer & Feld LLP

Early Assessment of the Effect of President Trump’s New Executive Orders on FERC Infrastructure Projects

On January 20, 2025, and throughout his first week in office, President Trump signed a series of executive orders (EOs) outlining his priorities for the domestic energy industry and setting forth policy preferences that...more

Snell & Wilmer

CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations

Snell & Wilmer on

In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

Nossaman LLP on

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

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

Nossaman LLP on

This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

Nossaman LLP on

This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Vinson & Elkins LLP

The New NEPA Regulations: What You Need to Know About the “Significant Effects” the Final Phase 2 Rule Could Have on Permitting...

Vinson & Elkins LLP on

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

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

King & Spalding on

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

Jones Day

Environmental Reviews Under NEPA to Include More Thorough Consideration of Climate Change Risks

Jones Day on

Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more

Pillsbury - Gravel2Gavel Construction & Real...

Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more

Akin Gump Strauss Hauer & Feld LLP

National Environmental Policy Act – Phase II Notice of Proposed Rulemaking Summary and Takeaways

Background - The Council on Environmental Quality (CEQ) recently released a notice of proposed rulemaking (NOPR) for Phase II of the National Environmental Policy Act (NEPA) rulemaking process, titled the “Bipartisan...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

Ward and Smith, P.A. on

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

BCLP

White House CEQ Launches Task Forces to Promote Beneficial CCUS Projects

BCLP on

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

Jones Day

Fourth Circuit Denies Appeal of Trump-Era Changes to NEPA; CEQ Issues Interim Guidance on Analyzing Climate Change Effects in...

Jones Day on

In December 2022, the United States Court of Appeals for the Fourth Circuit denied an appeal by environmental groups to revive their challenge to the 2020 amendments to the Council on Environmental Quality's ("CEQ") National...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

Troutman Pepper Locke

CEQ issues Notice of Interim Guidance on Greenhouse Gas Emissions in NEPA Reviews

Troutman Pepper Locke on

On January 9, the White House Council on Environmental Quality (CEQ) issued an Interim Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change (Interim Guidance) “to assist Federal agencies in their...more

Brownstein Hyatt Farber Schreck

New Year, New NEPA Guidance

CEQ Issues an Updated Framework for Agencies to Assess Greenhouse Gas Emissions and Climate Impacts Federal agencies have new guidance to analyze and disclose greenhouse gas (GHG) emissions and climate change under the...more

Akin Gump Strauss Hauer & Feld LLP

Analysis of New CEQ Interim Guidance on Consideration of Greenhouse Gas Emissions and Climate Change under NEPA

The Council on Environmental Quality (CEQ) recently issued interim guidance titled National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (CEQ-2022-0005). The guidance...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

Foley Hoag LLP - Energy & Climate Counsel

CEQ Issues NEPA Climate Guidance

The new year brings new NEPA (interim) guidance on climate change. It recommends several ways that federal agencies should consider climate change impacts for projects subject to NEPA review. The guidance is effective...more

Perkins Coie

CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPA

Perkins Coie on

The Council on Environmental Quality (CEQ) published guidance on January 9, 2023, regarding how to evaluate greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act (NEPA), which requires...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

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