News & Analysis as of

Environmental Review Public Comment

Venable LLP

New Environmental Justice Regulations for New York Environmental Review

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New York has joined states like New Jersey and Maryland, which have enacted environmental justice laws. New York's Environmental Justice Siting Law (EJSL) (Chapter 840 of 2022 [S8830/A2103-D] amended by Chapter 49 of 2023...more

Allen Matkins

Federal Surface Transportation Agencies Issue Updated Guidance for Section 139 Environmental Review and Permitting Process

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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

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Lowenstein Sandler LLP

New Jersey Enacts First-Of-Its-Kind Environmental Justice Legislation

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Since his inauguration in January 2018, New Jersey Governor Philip D. Murphy has steadily advanced an aggressive environmental justice agenda. On April 20, 2018, he signed Executive Order No. 23, which directed the New Jersey...more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

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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

Spilman Thomas & Battle, PLLC

Proposed Rule Revisions for NEPA

In another step in President Trump's ongoing efforts to relax environmental restrictions impacting economic development, on January 10, 2020, the Council on Environmental Quality published its proposed rulemaking to update...more

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more

Foley & Lardner LLP

NEPA-calypse Now?

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On New Year’s Day in 1970, Richard Nixon signed the National Environmental Policy Act of 1969 (“NEPA”), creating the Council on Environmental Quality (“CEQ”) and proclaiming “that the 1970s must be the years when America pays...more

King & Spalding

NEPA Modernization Promises Significant Change

King & Spalding on

Agency consideration of climate change curtailed in update to decades-old policy - On January 9, 2020, President Trump’s Council on Environmental Quality (“CEQ”) proposed to “update” the nearly forty-year-old regulations...more

Brownstein Hyatt Farber Schreck

White House Releases NEPA Proposal

On Jan. 9, following a White House press conference, the Council on Environmental Quality (CEQ) released proposed revisions to National Environmental Policy Act (NEPA) regulations. The proposed rule seeks to rein in NEPA...more

Akin Gump Strauss Hauer & Feld LLP

Shiny, Happy NEPA: How the Administration Plans to Make NEPA More User-Friendly

On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more

Perkins Coie

White House Proposes Overhaul of NEPA Regulations

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Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more

Pierce Atwood LLP

NEPA Overhaul? CEQ Proposes Significant Changes to Federal Environmental Review

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The Council on Environmental Quality (CEQ), a division of the Executive Office of the President, today published in the Federal Register a Notice of Proposed Rulemaking that would make significant changes to its regulations...more

Stoel Rives LLP

National Environmental Policy Act Alert: CEQ Proposes Rulemaking to Facilitate Infrastructure Development by Radically Overhauling...

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On January 9, 2020, the Council on Environmental Quality (“CEQ”) proposed major changes to National Environmental Policy Act (“NEPA”) regulations originally issued more than four decades ago. The proposed rulemaking aims to...more

(ACOEL) | American College of Environmental...

Will NEPA’s Golden Anniversary be Tarnished by the Trump Administration’s efforts to overhaul the long-established regulations?

As the 50th Anniversary of the National Environmental Policy Act approaches, we may be on the verge of one of the most significant regulatory revisions in the statute’s history. NEPA advocates—and all those who believe it is...more

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

Advance Notice of Proposed Rulemaking/Council on Environmental Quality Update to the National Environmental Policy Act Procedural...

The Association of State Wetland Managers, Inc. (“ASWM”) submitted August 17th comments to the Council on Environmental Quality (“CEQ”) addressing an Advanced Notice Of Proposed Rulemaking (“ANPR”) titled: Update to the...more

Downey Brand LLP

For the First Time in Forty Years, White House Council on Environmental Quality Poised to Propose Major Overhaul of its...

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On June 20, 2018, the White House Council on Environmental Quality (CEQ) issued an advanced notice of proposed federal rulemaking, soliciting public comments on whether and how CEQ should update its National Environmental...more

Perkins Coie

CEQ Invites Comments on Potentially Sweeping Changes to NEPA Regulations

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The Council on Environmental Quality yesterday issued an advance notice of proposed rulemaking inviting input on potential changes to the CEQ regulations under the National Environmental Policy Act, the federal law that...more

Nossaman LLP

Proposed CEQA Guideline for Highway Projects Promises Flexibility In the Measurement of Traffic Impacts, But Delivers Ambiguity

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In response to material opposition from many of the transportation agencies in the State, the California Natural Resources Agency has proposed to provide transportation agencies with the discretion to determine the metric...more

Bennett Jones LLP

Federal Review of Environmental and Regulatory Processes Underway

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Proposed Amendments to the Fisheries Act - On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of...more

Perkins Coie

USDOT Seeks Input on Unnecessary Rules and Policies Impeding Transportation Infrastructure Projects

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The U.S. Department of Transportation (USDOT) announced today that it has initiated a review of its existing policies, guidance documents and regulations to identify “unnecessary obstacles to” transportation infrastructure...more

King & Spalding

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting

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The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy Regulatory Commission (FERC) in a wide range of interactions with the public and other...more

Farella Braun + Martel LLP

EPA Issues Long-Awaited Vapor Intrusion Guidance for Public Comment

More than ten years after issuing draft guidance regarding the increasingly significant subject of vapor intrusion (VI), the U.S. Environmental Protection Agency (EPA) has just released for public comment drafts of two...more

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