News & Analysis as of

Environmental Policies Judicial Review Regulatory Reform

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

Standardizing Permitting and Expediting Economy Development Act: Congressman Westerman (Arkansas) Introduces National...

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

Baker Donelson

Seven County Infrastructure Coal. v. Eagle Cnty., Colo. – Supreme Court's "Course Correction" on NEPA Already Steering Decisions...

Baker Donelson on

The United States Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, on May 19, 2025, clarifying that the scope of judicial review of federal agency environmental...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

Mintz

SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts

Mintz on

On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the validity of the SEC's mandatory climate disclosure law. By way of background, in April...more

Brownstein Hyatt Farber Schreck

NEPA Reimagined: The Ongoing Overhaul of Federal Environmental Review

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

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

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

Vinson & Elkins LLP on

On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

Balch & Bingham LLP on

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Carlton Fields

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

Carlton Fields on

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

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

King & Spalding

REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty

King & Spalding on

The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more

Holland & Knight LLP

Seismic Changes in Federal Environmental Reviews: CEQ to Rescind NEPA Regulations

Holland & Knight LLP on

The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more

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