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Environmental Assessments Energy Sector National Environmental Policy Act

Husch Blackwell LLP

DOE’s New NEPA Guidance: Streamlines Review and More Opportunity

Husch Blackwell LLP on

Recent changes to the U.S. Department of Energy’s (DOE’s) procedures for complying with the National Environmental Policy Act (NEPA), geared at streamlining the environmental review process, may offer some benefits to...more

Vinson & Elkins LLP

DOE Proposes New and Modified NEPA Categorical Exclusions for Certain Storage, Transmission and Solar Projects

Vinson & Elkins LLP on

On November 16, 2023, the Department of Energy (“DOE”) issued a notice of proposed rulemaking (“NOPR”) that would amend DOE’s regulations implementing the National Environmental Policy Act (“NEPA”) to add a categorical...more

Brownstein Hyatt Farber Schreck

Much Ado About NEPA

The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which...more

Allen Matkins

Offshore Wind Development Blows Closer to Reality in California

Allen Matkins on

Offshore wind development in federal waters off the California coast is rapidly moving closer to reality. Although construction and operation remains several years away, the Bureau of Ocean Energy Management (BOEM), the...more

Foley Hoag LLP - Environmental Law

How To Straighten the Long and Winding Road that We Call NEPA

So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more

Pillsbury Winthrop Shaw Pittman LLP

Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry

On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews. These amendments stand to have a trickle-down effect on the nuclear...more

Jackson Walker

Court Orders Dakota Access Pipeline Shut Down

Jackson Walker on

On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision...more

Foley Hoag LLP - Environmental Law

Dakota Access Must Shut Down. Is It a Harbinger?

I don’t like to speculate, so I won’t say that July 6, 2020, was the beginning of the end of fossil fuel infrastructure in the United States. I will say, with apologies to Judith Viorst, that it was a Terrible, Horrible, No...more

Foley Hoag LLP - Environmental Law

Eliminating a Moratorium Affecting 1.86 Billion Tons of Coal Is Final Agency Action

In 2016, DOI Secretarial Order 3338 imposed a moratorium on new coal leases on federal land until BLM prepared a programmatic environmental impact statement intended to address, among other issues, the impact of coal leasing...more

White & Case LLP

Judge Orders Government to Account for Climate Change Impacts before Leasing Federal Lands to Energy Developers

White & Case LLP on

The US District Court for the District of Columbia has blocked the US Bureau of Land Management (BLM) from issuing new oil and gas drilling permits on approximately 300,000 acres of federal land in Wyoming until it adequately...more

Akin Gump Strauss Hauer & Feld LLP

A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases

In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more

Holland & Knight LLP

Small-Scale LNG Exports Presumptively Approved

Holland & Knight LLP on

Following recent developments in liquefied natural gas (LNG) export policy in which we outlined in previous blog posts on June 12, 2018 and June 22, 2018, the Department of Energy (DOE) Office of Fossil Energy issued a Final...more

Cadwalader, Wickersham & Taft LLP

Court Declines to Vacate Environmental Assessment of Dakota Access Pipeline, Permitting Oil to Flow during Remand

On October 11, 2017, the United States District Court for the District of Columbia declined to vacate the U.S. Army Corps of Engineers’ (“Corps”) Environmental Assessment (“EA”) of the Dakota Access Pipeline while the agency...more

Perkins Coie

Federal District Court Strikes Down Eagle Act Rule

Perkins Coie on

On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more

BakerHostetler

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

BakerHostetler on

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

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