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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

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...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

Nossaman LLP

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

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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

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...

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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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – A Deeper Dive, Part 1

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On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more

Jones Day

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

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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

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

Jones Day

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

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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

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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

Vinson & Elkins LLP

CEQ Releases New Guidance for Assessing Greenhouse Gas Emissions and Climate Change under NEPA

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In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on Environmental Quality (“CEQ”) published interim...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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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

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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

Venable LLP

CEQ Finalizes Phase I NEPA Regulations, Rescinding Key Portions of 2020 Amendments; Phase II Still to Come

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On April 20, 2022, the Council on Environmental Quality (CEQ) published a final rule revising its National Environmental Policy Act (NEPA) regulations. This rule (the "Phase 1 Rule") originates from two executive orders (E.O....more

Womble Bond Dickinson

CEQ Issues Interim CCUS Guidance

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On February 16th, the Council on Environmental Quality (“CEQ”) published an interim document to guide the regulation and permitting of carbon capture, utilization, and sequestration (“CCUS”) technologies....more

Jones Day

The Climate Report | Fourth Quarter 2021

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Climate Change Regulatory Issues & Updates - New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts - On October 7, 2021, the Council on Environmental Quality...more

Holland & Hart LLP

Biden Administration Announces First Round of Revisions to CEQ's NEPA Rules

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On October 7th, the Council on Environmental Quality (CEQ) announced the Biden Administration’s first round of proposed revisions to the National Environmental Policy Act (NEPA) regulations. Each of the “Phase 1” changes will...more

Jones Day

Federal Court Dismisses NEPA Challenge, Leaving Trump-Era Regulations in Effect, but Stalled During Biden Reconsideration

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On June 21, 2021, a federal district court in Virginia dismissed a lawsuit filed by environmental groups against the Trump-era overhaul of regulations under the National Environmental Policy Act ("NEPA"). Our prior article...more

Troutman Pepper Locke

NEPA Litigation Update

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Following the Council on Environmental Quality’s (CEQ) July 2020 overhaul of regulations implementing the National Environmental Policy Act (NEPA), environmental plaintiffs filed a series of lawsuits challenging the rule in...more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Revives Consideration of Climate Change Impacts in NEPA Reviews

The Biden administration has continued its efforts to reverse the previous administration’s approach to climate change, this time relating to the National Environmental Policy Act (NEPA), which requires reviews of large...more

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