News & Analysis as of

Environmental Impact Statements Energy Policy National Environmental Policy Act

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

McGlinchey Stafford on

In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

King & Spalding

Supreme Court Limits NEPA Scope and Emphasizes Deference to Agencies

King & Spalding on

On May 29, 2025, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County that promises to significantly alter the scope of judicial review of environmental reviews performed under the...more

Snell & Wilmer

U.S. Department of Interior’s Implementation of Emergency Permitting Procedures

Snell & Wilmer on

On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more

Vinson & Elkins LLP

President Trump’s Executive Orders: Rethinking NEPA Regulations and CEQ’s Role in Federal Environmental Reviews

Vinson & Elkins LLP on

In his first two days in office, newly inaugurated President Donald J. Trump signed a flurry of Executive Orders, including several aimed at supporting the traditional energy industry. The Unleashing American Energy Executive...more

K&L Gates LLP

D.C. Circuit Vacates PHMSA's LNG-by-Rail Rule

K&L Gates LLP on

On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Robinson+Cole Environmental Law +

Nantucket Group Challenges Vineyard Wind Project in Federal Court

On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the...more

Morgan Lewis - Up & Atom

NRC Issues License Renewal GEIS Update Scoping Summary Report

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Morgan Lewis - Up & Atom

NRC Reaffirms Its Decision Allowing SLR Applicants to Rely on License Renewal GEIS

Morgan Lewis - Up & Atom on

In a recently issued NRC adjudicatory decision, the Commission reaffirmed its regulatory interpretation allowing power reactor licensees applying for subsequent license renewal (SLR), and the NRC Staff reviewing these...more

Morgan Lewis - Up & Atom

NRC to Conduct NEPA Scoping to Prepare GEIS for Advanced Nuclear Reactors

The NRC on April 30 published a notice of its intent to conduct scoping and gather information necessary to develop a Generic Environmental Impact Statement (GEIS) for small-scale advanced nuclear reactors (ANRs). ...more

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