Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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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
In a much-anticipated decision, the U.S. Supreme Court made a major “course correction” to the law governing federal environmental reviews and permitting decisions for infrastructure and other projects under the National...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
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
A California Court of Appeal held that special legislation providing fast-track judicial review to the Howard Terminal Project did not impose a deadline for the Governor to certify the project for streamlined environmental...more
In August 2021, the First District Court of Appeals issued an opinion in Pacific Merchant Shipping Association v. Newsom, where the court held that Public Resources Code section 21168.6.7 does not impose on the Governor a...more
This is the eighth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ). The CEQ’s...more
This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more
Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more
While the Town of Halfmoon (“Town”) in Saratoga County, New York, may be far from any given reader, the issues in Micklas v. Town of Halfmoon Planning Board, 170 A.D.3d 1483 (3d Dep’t 2019), are close to the heart: whether a...more
The Appellate Division of the Supreme Court of New York (“Court”) in a June 7th opinion addressed a property owner’s request to annul a Town’s determination to acquire an easement to install a sewer line along a nature trail....more
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more