News & Analysis as of

Environmental Policies Permits Government Agencies

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

Morgan Lewis

New Executive Order Aims to Accelerate Development of Data Centers

Morgan Lewis on

The White House has issued an executive order dated July 23, 2025, aimed at accelerating the federal permitting process for data center infrastructure. This latest directive from the US administration is intended to...more

Akin Gump Strauss Hauer & Feld LLP

Accelerating Federal Permitting of Data Center Infrastructure (Trump EO Tracker)

Accelerates the buildout of artificial intelligence (AI) data centers and supporting infrastructure by easing federal permitting, streamlining environmental reviews, and expanding access to federally owned land for...more

Allen Matkins

Project Applicants Can Now Pay for Expedited Federal Environmental Review Under NEPA

Allen Matkins on

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

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

Foley & Lardner LLP

EPA Signals Approval of Texas’ Class VI Injection Well Primacy: Streamlining Carbon Capture and Climate Action

Foley & Lardner LLP on

In a significant move for environmental policy and energy innovation, the U.S. Environmental Protection Agency (EPA) has proposed to approve Texas’ application to administer its own Class VI underground injection well...more

Allen Matkins

Rebuilding After Wildfires: The Role of the California Coastal Commission

Allen Matkins on

For property owners in California’s coastal zone hoping to rebuild after the wildfires in the Los Angeles area, including the Pacific Palisades and Malibu, obtaining building permits from their local government may not be...more

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

2026 Multi-Sector General Permit for Industrial Stormwater Discharges: National Municipal Stormwater Alliance Comments Addressing...

The National Municipal Stormwater Alliance (“NMSA”) submitted April 4th comments to the United States Environmental Protection Agency (“EPA”) addressing the proposed Clean Water Act National Pollutant Discharge Elimination...more

Schwabe, Williamson & Wyatt PC

Washington Department of Ecology Proposes New Permitting Program for Projects that Alter or ‎Impact Waters of the State

On June 10, 2025, the Washington Department of Ecology (“Ecology”) published a CR-101 Preproposal Statement of Inquiry to develop a new permitting program for projects that could “alter” or “impact” waters of the state. The...more

Troutman Pepper Locke

Déjà vu? FWS Solicits Feedback to Update Section 10(a) of the ESA

Troutman Pepper Locke on

On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more

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

National Environmental Policy Act/Environmental Permitting: Council on Environmental Quality Issues Permitting Technology Action...

The Council on Environmental Quality (“CEQ”) issued what is titled: Permitting Technology Action Plan (“PTAP”). The PTAP is stated to have been developed in consultation with the National Energy Dominance Council and...more

Carlton Fields

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

Carlton Fields on

President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews....more

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

Habitat Conservation Plans Under the Endangered Species Act: Defenders of Wildlife Publishes a Three-Decade Analysis

The Defenders of Wildlife’s Center for Conservation Innovation announced the publication of a paper titled: Habitat conservation plans under the endangered species act: A comprehensive three-decade analysis (“Paper”)....more

Blake, Cassels & Graydon LLP

Le gouvernement de l’Ontario propose une nouvelle approche pour la protection des espèces en péril

Introduction - Le gouvernement de l’Ontario (le « gouvernement provincial ») a annoncé la refonte prévue de la législation relative aux espèces en voie de disparition de cette province. L’approche introduite par cette...more

Akin Gump Strauss Hauer & Feld LLP

Protecting the Great Lakes from Invasive Carp (Trump EO Tracker)

Directs agencies to expedite all federal permitting, funding, and technical measures to block invasive carp from entering the Great Lakes, including advancing the Brandon Road Interbasin Project. It also urges Illinois to...more

Blake, Cassels & Graydon LLP

Ontario Proposes a New Approach to At-Risk Species Protection

Introduction Ontario has announced a planned overhaul of the province’s endangered species legislation. The approach was announced on April 17, 2025, as part of Bill 5, Protect Ontario by Unleashing our Economy Act, 2025. If...more

Akin Gump Strauss Hauer & Feld LLP

Updating Permitting Technology for the 21st Century (Trump EO Tracker)

Directs agencies to streamline environmental review and permitting processes for infrastructure projects by leveraging modern technologies. The Council on Environmental Quality (CEQ) must establish an interagency Permitting...more

Mayer Brown

ICMBio Updates Rules on Intervention in Environmental Licensing

Mayer Brown on

On April 3, 2025, Brazil’s Federal Environmental Agency for the protection of Conservation Units (“ICMBio”) published Normative Instruction No. 16/2025, modifying the procedures regulating its role as an intervening agency in...more

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

Pierce Atwood LLP on

The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more

King & Spalding

Supreme Court Rules EPA’s Wastewater Discharge Permits May Not Include “End-Result” Provisions

King & Spalding on

In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more

Akin Gump Strauss Hauer & Feld LLP

Immediate Expansion of American Timber Production (Trump EO Tracker)

This order revises federal policies to increase domestic timber production.  All relevant agencies shall eliminate, to the maximum extent permissible by law, all undue delays within their respective permitting processes...more

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

U.S. Government Accountability Office Report: Army Corps of Engineers/Expedited Permitting Process Would Benefit from More...

The United States Government Accountability Office (“GAO”)  issued a January 9th report titled: Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency (“Report”)....more

Foley Hoag LLP - Environmental Law

What Happens When Agency Administrators Don't Support the Agency's Statutory Mission?

I’ve always taken the position that, no matter how much I disagree with the President, the Senate should confirm his executive branch nominees (nominations to the Judicial Branch are different, since judges don’t work for the...more

Pierce Atwood LLP

CEQ Sounds Death Knell for Existing NEPA Regulations

Pierce Atwood LLP on

The rapid changes relating to NEPA-implementing regulations accelerated this week, as the White House Council on Environmental Quality (CEQ) published an interim final rule (IFR) removing its NEPA regulations from the Code of...more

Snell & Wilmer

Mining Permitting Just Got an Upgrade: Understanding BLM’s New Approach

Snell & Wilmer on

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands....more

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