Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
Hot Topics for Waste-to-Energy Investors and Developers
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 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
The National Environmental Policy Act (NEPA) applies to a major federal action that significantly affects the quality of the human environment. On June 30, several federal agencies took their own federal action which will...more
Dive into the fundamentals of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) in our engaging session tailored for professionals in the clean energy sector. By the end of our...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 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 U.S. Supreme Court on Thursday ruled in favor of an alliance of local counties that support a planned 88-mile railroad project in Utah, concluding that the federal environmental review process did not have to consider...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 Trump Administration has issued a Presidential Memorandum, "Updating Permitting Technology for the 21st Century," aimed at modernizing and streamlining the federal environmental review and permitting processes through...more
President Donald Trump signed an executive order (EO), "Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 1424," on April 8, 2025, that places coal at the center of the administration's...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 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
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more
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. With the launch of the new “pre-plan coordination”...more
The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) (the Agencies) recently issued updated guidance for implementing 23 U.S.C. § 139 (Section 139)....more
In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more
For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more
On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more
On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National...more
The two-judge majority opinion in Marin Audubon Society v. Federal Aviation Administration effectively invalidates the White House Council on Environmental Quality’s (CEQ’s) longstanding regulations implementing the National...more
The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using...more
The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more
On June 24, the Supreme Court granted certiorari review in a case with serious implications for those seeking federal permits which, in turn, require environmental impact statements under the National Environmental Policy Act...more