News & Analysis as of

Environmental Review Permits

Allen Matkins

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

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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

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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

Farella Braun + Martel LLP

[Hybrid Event] Environmental Permitting and Litigation Fundamentals for Clean Energy Projects - July 16th, San Francisco, CA

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

WilmerHale

Supreme Court Decision in Seven County Advances Permitting Reform

WilmerHale on

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

Holland & Knight LLP

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

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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

Snell & Wilmer

BLM Announces Actions to Improve Mine Permitting

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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

Perkins Coie

California Court Upholds CalGEM’s Use of CEQA Categorical Exemption for Approval of Oil Well Conversion Project

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A California Court of Appeal upheld the California Department of Conservation Geologic Energy Management Division’s determination that a project to convert a plugged oil well into a wastewater disposal well fit within the...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

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

Morgan Lewis

US Supreme Court Grants Petition of Certiorari on Scope of NEPA Review

Morgan Lewis on

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

Saul Ewing LLP

U.S. Supreme Court to Review Whether NEPA Requires Agencies to Consider Environmental Effects Beyond the Proximate Effects of...

Saul Ewing LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Downey Brand LLP

“It just so happens that [Governor Newsom’s Sweeping New Plan to Accelerate Infrastructure Projects] is only mostly dead.” –...

Downey Brand LLP on

Governor Gavin Newsom announced proposed major new infrastructure permitting reforms on May 19, 2023 in an effort to create thousands of jobs and build California’s clean energy future. The eleven-bill package seeks to...more

Downey Brand LLP

CEC Releases Offshore Wind Permitting Roadmap that Proposes Several Permitting Pathways

Downey Brand LLP on

The California Energy Commission (“CEC”), on April 28, 2023, released an Offshore Wind Energy Permitting Roadmap that builds on the Draft Conceptual Permitting Roadmap the CEC published in December 2022... AB 525 requires the...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

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On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

(ACOEL) | American College of Environmental...

Permitting Reform Redux

In an earlier blog, I commented on this Administration’s “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan], and Senator Manchin’s related...more

(ACOEL) | American College of Environmental...

Permitting Reform after Inflation Reduction Act?

On October 12th, the Biden Administration announced an “Action Plan” to accelerate infrastructure development following enactment of the Inflation Reduction Act (IRA) [New Action Plan]. This followed extensive discussion of a...more

King & Spalding

EPA Addresses Environmental Justice and Civil Rights in Permitting

King & Spalding on

The EPA’s External Rights Compliance Office recently released Interim Environmental Justice and Civil Rights in Permitting Frequently Asked Questions (“the FAQ”). Stressing “that it is time to use the full extent of its...more

Downey Brand LLP

Third Circuit Makes Clear That Lead Agencies and Responsible Agencies Alike Must Make Findings Under CEQA

Downey Brand LLP on

On May 11, 2022, the Third District Court of Appeal published its opinion in We Advocate Through Environmental Review v. City of Mount Shasta (2022) 78 Cal.App.5th 629, reversing the decision below and ordering the trial...more

Perkins Coie

Responsible Agency Under CEQA Must Make Express Findings as to Each Potentially Significant Impact Identified in Lead Agency’s EIR

Perkins Coie on

The Court of Appeal held that the City of Mount Shasta violated CEQA by approving a wastewater permit for a water bottling plant without making specific findings as to each potentially significant impact identified as...more

Latham & Watkins LLP

Bureau of Land Management Issues Guidance on Authorizing Carbon Sequestration on Public Land

Latham & Watkins LLP on

The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land...more

Downey Brand LLP

Developing Offshore Wind in California – Environmental Permitting and Interconnection Considerations

Downey Brand LLP on

The California coast offers significant potential for offshore wind development that can help the state reach its renewable energy goals. Developers of wind energy projects located off the California coast will face a number...more

Perkins Coie

Coastal Commission Must Complete Environmental Review Under Its Certified Regulatory Program Before Approving Permit

Perkins Coie on

Friends, Artists and Neighbors of Elkhorn Slough v. California Coastal Commission, 2021 WL 5905714 (No. H048088, 6th Dist., December 14, 2021) The court of appeal found that the California Coastal Commission erred by...more

(ACOEL) | American College of Environmental...

Renewable Energy? For some, the answer may not be blowing in the wind.

The Biden administration has committed to significantly expanding development of renewable energy. These projects, including solar and wind are welcomed by many. They have the potential to generate significant amounts of...more

Vinson & Elkins LLP

[Webinar] Recent Developments in U.S. Offshore Wind Energy - March 4th, 12:00 pm - 1:00 pm CT

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The United States has tremendous offshore wind energy resource potential with the ability to provide thousands of highly-skilled jobs and large amounts of renewable energy in close proximity to many of the country’s largest...more

Holland & Knight LLP

New Environmental Appeals Board Permit Appeal Procedures Take Effect Sept. 21, 2020

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On Aug. 21, 2020, the U.S. Environmental Protection Agency (EPA) published its Final Rule, Streamlining Procedures for Permit Appeals, in the Federal Register (85 Fed. Reg. 51,650), which becomes effective Sept. 21 for all...more

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