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Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

Morrison & Foerster LLP on

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...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

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

DLA Piper on

A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

ArentFox Schiff on

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Vorys, Sater, Seymour and Pease LLP on

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

Allen Matkins on

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

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