News & Analysis as of

Environmental Impact Report (EIR) Environmental Policies Greenhouse Gas Emissions

Carlton Fields

Supreme Court Ruling Speeds Environmental Reviews, Limits Legal Challenges to Energy Projects

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On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, a case concerning the National Environmental Policy Act (NEPA) that limits judicial review of...more

Alston & Bird

Land Use Matters February 2025 | CEQA Appellate Decisions & Other Legal Developments

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Los Angeles County - Executive Order Streamlines Path to Rebuild Homes, Businesses, and Communities Destroyed by Los Angeles Firestorms - In response to the multiple firestorms in Los Angeles County that started on January 7,...more

Jones Day

UK Coal Mine Planning Consent Quashed

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In December 2022, planning permission was granted by the secretary of state for Levelling Up, Housing and Communities ("SoS") to extract coal from a coal mine in Whitehaven, Cumbria, England. The project would have been the...more

Troutman Pepper Locke

D.C. Circuit Finds FERC Failed to Adequately Consider GHG Emissions of LNG Project

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On July 16, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found that FERC failed to adequately consider a liquefied natural gas (“LNG”) project’s greenhouse gas (“GHG”)...more

Jones Day

UK Supreme Court Quashes Planning Permission Due to a Failure to Consider Downstream (Scope 3) Greenhouse Gas Emissions

Jones Day on

The Situation: On June 20, 2024, the UK Supreme Court handed down a landmark decision in R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents) [2024]...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

Foley Hoag LLP - Environmental Law

Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?

Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions.  I hesitate to call it...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

Nossaman LLP

California Appellate Court Upholds CEQA Greenhouse Gas Emissions Methodology

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A recent court decision provides guidance to lead agencies seeking to comply with CEQA requirements related to greenhouse gas (GHG) emissions. In Tsakopoulos Investments, LLC v. County of Sacramento, the Third District Court...more

Allen Matkins

California Environmental Law & Policy Update - July 2022 #3

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EPA health advisory for PFAS compounds spurs lawsuit Bullet E&E News - July 14 The U.S. Environmental Protection Agency’s dramatic new health advisory for per- and polyfluoroalkyl substances (PFAS) is facing a lawsuit from a...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

Holland & Knight LLP

SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects

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Signed into law by California Gov. Gavin Newsom on May 20, 2021, and taking immediate effect as an "urgency statute," Senate Bill (SB) 7 revives and expands the previously enacted Environmental Leadership Development Project...more

Stoel Rives - Renewable + Law

MEPA Review Not Required as Part of Wisconsin Gas Plant Affiliated-Interest Agreements, Says Minnesota Supreme Court

As a follow up to a previous post the Minnesota Supreme Court issued its decision on April 21, 2021, reversing the Minnesota Court of Appeals and remanding the matter for further review.  In so doing, the Court concluded that...more

Allen Matkins

California Environmental Law & Policy Update - April 2021 #2

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$4.2 million fine upheld for California homeowner’s blocking of beach access - The Mercury News – April 6 - A federal appeals court on Monday upheld a $4.2 million fine against a Malibu homeowner for blocking beach...more

Allen Matkins

California Environmental Law & Policy Update - February 2021

Allen Matkins on

DOJ to let companies pay for environmental projects again to reduce fines - The Hill – February 5 - The Department of Justice (DOJ) has eliminated nine Trump-era directives on environmental law enforcement, including...more

Downey Brand LLP

California Air and Climate Vol. 15: CARB to Hold Second Public Workshop on Reducing Greenhouse Gas Emissions from Ride-Sharing...

Downey Brand LLP on

CARB to Hold Second Public Workshop on Clean Miles Standard to Reduce Greenhouse Gas Emissions Associated with Ride-Sharing Services - On July 17, 2020, the California Air Resources Board (CARB) will hold another public...more

Benesch

Proposed Elimination of Cumulative Effects Analysis under NEPA Leaves Climate Change Considerations in Jeopardy

Benesch on

On January 9th, President Donald Trump in conjunction with the Council on Environmental Quality (“CEQ”) proposed sweeping regulatory revisions to rules that govern how the CEQ implements the National Environmental Policy Act...more

King & Spalding

NEPA Modernization Promises Significant Change

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Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Pierce Atwood LLP

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

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The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

Stoel Rives - Renewable + Law

Minnesota Court of Appeals Determines MEPA Review Required for Wisconsin Natural Gas Generating Facility

On December 23, 2019, the Minnesota Court of Appeals reversed and remanded a decision by the Minnesota Public Utilities Commission (the “Commission”) approving affiliated-interest agreements permitting Minnesota Power and its...more

Downey Brand LLP

California Air and Climate Vol. 10: CARB Reports Continued Declines in Greenhouse Gas Emissions; Tulare County Settles Lawsuit...

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CARB Reports Continued Declines in Greenhouse Gas Emissions - The California Air Resources Board (CARB) is reporting that in 2017, greenhouse gas (GHG) emissions for the state were 424 million metric tons (MMT) of CO2...more

Perkins Coie

Trump Administration Issues Draft Guidance on Greenhouse Gas Emissions Evaluation Under NEPA

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The Council on Environmental Quality published draft guidance June 26, 2019, on how to assess greenhouse gas emissions under the National Environmental Policy Act, the law that requires environmental impact assessment for...more

Perkins Coie

CEQA Year In Review 2018

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A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more

Pillsbury Winthrop Shaw Pittman LLP

Natural Resources Agency Finalizes Updates to the CEQA Guidelines

The final text of the comprehensive CEQA Guidelines update makes limited changes to the version proposed in January 2018. The California Natural Resources Agency has posted the final adopted text of changes to the...more

Best Best & Krieger LLP

Recent and Upcoming Changes to CEQA - BB&K Attorney Amanda Daams Discusses the California Environmental Quality Act in a...

The California Environmental Quality Act (CEQA), codified at Public Resources Code section 21000 et seq., is arguably California’s preeminent and most comprehensive environmental law. Originally published in Riverside...more

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