News & Analysis as of

Environmental Assessments Environmental Policies

Carlton Fields

NEPA: Are New Developments Actually Speeding Federal Permit Reviews?

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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

Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

Husch Blackwell LLP

New U.S. Department of the Interior Review Procedures for Activities Related to Wind and Solar Energy

Husch Blackwell LLP on

On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...more

Hogan Lovells

DOT issues updates to NEPA implementing procedures

Hogan Lovells on

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

Wenning Environmental

Applying the US Natural Resource Damage Assessment Framework to Post-Conflict Damage Assessment

Wenning Environmental on

The United States and the European Union have legal tools to remedy damages to the environment. However, neither the U.S. nor the EU approaches explicitly address injuries and damages caused by armed conflict....more

Balancing Leasing Acquisition and Environmental Risk in Data Center Projects

Buoyed by robust demand for large parcels of undeveloped land, the rise of artificial intelligence workloads, and the game-changing role that hyperscalers are playing, the real estate market for data centers is in a strong...more

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

Allen Matkins on

Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

Mayer Brown

ICMBio Updates Rules on Intervention in Environmental Licensing

Mayer Brown on

On April 3, 2025, Brazil’s Federal Environmental Agency for the protection of Conservation Units (“ICMBio”) published Normative Instruction No. 16/2025, modifying the procedures regulating its role as an intervening agency in...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

Wenning Environmental on

President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...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

Benesch

Greener Pastures Ahead? California’s Fashion Environmental Accountability Act of 2025

Benesch on

Fashion-related environmental legislation is, well, in fashion. And, as with many consumer-related issues, California continues to be a trendsetter....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

Schwabe, Williamson & Wyatt PC

A More Modest Procedure? — The Supreme Court Considers Limiting the Scope of ‎‎“Reasonably Foreseeable” Impacts in NEPA Analysis

Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado et al. ‎ On Tuesday, December 10, the Supreme Court heard arguments in a case that could redefine what constitutes a “reasonably foreseeable”...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...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

Beveridge & Diamond PC

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

Beveridge & Diamond PC on

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National...more

Morgan Lewis

DC Circuit Issues Landmark Ruling Holding CEQ Lacks Authority to Issue NEPA Regulations

Morgan Lewis on

The two-judge majority opinion in Marin Audubon Society v. Federal Aviation Administration effectively invalidates the White House Council on Environmental Quality’s (CEQ’s) longstanding regulations implementing the National...more

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 9th Proposed Order and Assessment (“Order”) to RMK LLC. See Case No. FDA24-0044. RMK is stated to be the owner of two underground storage...more

King & Spalding

Following Finch: Planning Permission for Coal Mine Quashed

King & Spalding on

In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more

Bennett Jones LLP

Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

Bennett Jones LLP on

On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...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

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