On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
United States Congressman Bruce Westerman (R-Arkansas) has introduced legislation into the United States House of Representatives titled: Standardizing Permitting and Expediting Economic Development Act (“SPEED Act”)....more
Over the past eight months, the legal framework governing environmental review under the National Environmental Policy Act (NEPA) has undergone significant upheaval—with additional changes still on the way. Here’s what’s...more
Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more
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
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
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
The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more
A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more
On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more
The National Environmental Protection Act ("NEPA") requires that federal agencies assess the environmental effects of their proposed actions prior to making final decisions, including decisions on issuing federal permits,...more
In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more
On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more
The Supreme Court of the United States issued one decision today: Seven County Infrastructure Coalition v. Eagle County, Colorado, No. 23-975: This case concerns the scope of federal court review over an agency’s...more
New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023...more
Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more
The Council for Environmental Quality’s (“CEQ”) published an interim final rule yesterday repealing all of its implementing regulations for the National Environmental Policy Act (“NEPA”). The interim final rule becomes...more
The New York State Department of Environmental Conservation (NYSDEC) recently released draft amendments to State Environmental Quality Review Act (SEQRA) regulations to implement New York’s “Environmental Justice Siting Law,”...more
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
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
On January 14, 2025, the U.S. Court of Appeals for the D.C. Circuit (“D.C. Circuit”) held that FERC complied with the National Environmental Policy Act (“NEPA”) in approving the surrender of a hydroelectric project license....more
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
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
Renewable energy developers and interested parties take note: Two Washington state agencies are accepting public comment on upcoming policies that will shape the future of renewable energy in Washington state....more
The Supreme Court’s judgment in R(Finch) v Surrey County Council [2024] UKSC 20 has potentially significant implications on how environmental impacts of major projects are assessed. The question at the heart of the case was...more