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Environmental Assessments Environmental Impact Statements

Goldberg Segalla

U.S. District Court Orders Immediate Closure of ‘Alligator Alcatraz’

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The U.S. District Court for the Southern District of Florida on Aug. 21 ordered the federal government to refrain from sending additional detainees to the detention center known as “Alligator Alcatraz” and to begin...more

Wenning Environmental

Was Major Tom’s Space Mission Reviewed Under NEPA?

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David Bowie’s hit song "Space Oddity," about the fictional astronaut Major Tom, was released as a single in 1969. Environmental impact statements (EIS) for rocket launches in the US were not required at that time. Rocket...more

Perkins Coie

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

Perkins Coie on

The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more

Perkins Coie

Environmental Assessment for Predator Management Program Violated NEPA

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The U.S. Court of Appeals for the Ninth Circuit ruled that the United States Department of Agriculture did not comply with the National Environmental Policy Act in approving a predator management program for certain...more

Carlton Fields

NEPA: Are New Developments Actually Speeding Federal Permit Reviews?

Carlton Fields on

The Trump administration came into office in 2025 promising to speed federal environmental permitting by, among other things, streamlining compliance with the National Environmental Policy Act (NEPA). In the whirlwind of the...more

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

WilmerHale

Federal Agencies Issue New NEPA Procedures in Response to Executive Order 14154 and the Supreme Court’s Seven County Decision

WilmerHale on

The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more

Morgan Lewis - Up & Atom

NRC NEPA Overhaul: Agency Plans to Amend Regulations in 10 CFR Part 51

The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and...more

Hogan Lovells

DOT issues updates to NEPA implementing procedures

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The Department of Transportation (DOT) and several DOT agencies have announced a series of updates to requirements for the agency's implementation of the National Environmental Policy Act (NEPA), including updates to the...more

Allen Matkins

Project Applicants Can Now Pay for Expedited Federal Environmental Review Under NEPA

Allen Matkins on

The budget reconciliation bill signed into law on July 4 (also known as the “One Big Beautiful Bill”) adds a new provision to the National Environmental Policy Act (NEPA) that allows project sponsors/applicants to pay for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

Holland & Hart LLP on

On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...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

Holland & Hart LLP

The Montana Environmental Protection Act (MEPA) and the Upcoming 2025 Legislative Session

Holland & Hart LLP on

What’s Happening with MEPA Right Now (And Why You Should Care) - If you need a permit from a Montana state agency, you have a project on state land, or you need the state to take any kind of action to complete your...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

Latham & Watkins LLP on

Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...more

Cozen O'Connor

New York Note – End of 2024 Session, Congestion Pricing, Green Fast Track, City Legislation

Cozen O'Connor on

The New York State Legislature concluded the 2023-2024 session on Saturday. The legislature did not develop a plan for a revenue source to replace toll revenue from congestion pricing, which the Governor indefinitely...more

Cozen O'Connor

Green Fast Track for Housing is Now in Effect

Cozen O'Connor on

Mayor Eric Adams’ “Green Fast Track for Housing” initiative went into effect June 3, 2024, with the aim of shortening the lengthy environmental review process for certain residential developments reviewed by the City Planning...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining/National Environmental Policy Act: Federal Appellate Court Addresses U.S. Forest Services Use of Categorical Exclusions

The United States Court of Appeals for the 9th Circuit (“9th Circuit”) addressed in a May 21st Opinion whether the United States Forest Service (“Service”) violated the National Environmental Policy Act (“NEPA”). See Friends...more

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Allen Matkins

Significant Changes to the National Environmental Policy Act - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

As part of the Fiscal Responsibility Act (also known as the debt ceiling bill) in June 2023, Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since the statute was enacted in 1970....more

Troutman Pepper Locke

Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Troutman Pepper Locke on

Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”)....more

Venable LLP

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Venable LLP on

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

Perkins Coie

BOEM Announces Draft Regional Environmental Analysis of Offshore Wind Energy in New York Bight

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The Bureau of Ocean Energy Management (BOEM) published the Notice of Availability on January 12, 2024, for the draft programmatic environmental impact statement (PEIS) on offshore wind energy development activities in the New...more

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