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Environmental Litigation Energy Projects Regulatory Reform

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

Vinson & Elkins LLP

Dredging Ahead: Army Corps Proposes to Reissue Nationwide Permits

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The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more

ArentFox Schiff

What Regulated Businesses Should Know About the Supreme Court’s Recent NEPA Decision

ArentFox Schiff on

The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an...more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

Goldberg Segalla on

The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Jones Day

The Climate Report | Second Quarter 2025

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Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts - In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more

Mayer Brown

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

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In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy...more

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

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Womble Bond Dickinson

Seven County Infrastructure Coalition v. Eagle County: A Turning Point For The National Environmental Policy Act

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Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

Maynard Nexsen on

In a highly unusual unanimous decision, the U.S. Supreme Court ruled on May 29, 2025 that federal agencies are entitled to “substantial judicial deference” with respect to how they review projects subject to the National...more

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

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On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

Holland & Hart LLP on

The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

Dorsey & Whitney LLP on

On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

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On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Troutman Pepper Locke

Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order

Troutman Pepper Locke on

On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more

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