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Recently introduced bipartisan legislation aims to significantly streamline the environmental review process for recipients of federal assistance....more
The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more
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
The week of June 30, 2025, will go down in National Environmental Policy Act (NEPA) history as another one for the books — federal agencies have begun their efforts to overhaul their NEPA procedures and Congress has...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
The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to...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
Revokes the September 27, 2023 Presidential Memorandum on restoring fish populations in the Columbia River Basin and directs relevant agencies to withdraw from the associated litigation MOU, halt the current SEIS process, and...more
The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal...more
In Seven County Infrastructure Coalition v. Eagle County, the Supreme Court fundamentally altered the nature of judicial review of agency decisions involving Environmental Impact Statements (EISs) under the National...more
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
In a significant decision interpreting the National Environmental Policy Act (NEPA), the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado on May 29, 2025. For certain...more
On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more
On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more
Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more
On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more
On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more
On May 29, 2025, the United States Supreme Court issued an 8-0 opinion in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. that affirmed agency deference in review of environmental documents...more
In the latest NEPA news, the Council on Environmental Quality (CEQ) published a notice in the Federal Register announcing the withdrawal of its interim guidance on “Consideration of Greenhouse Gas Emissions and Climate...more
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
On April 23, 2025, the U.S. Department of Interior (DOI) announced newly adopted emergency permitting procedures it is implementing to accelerate the review and approval of projects in relation “to the identification,...more
Idaho National Laboratory (INL), a U.S. Department of Energy (DOE) National Laboratory, has published an updated set of recommendations to reform and streamline nuclear energy licensing. The INL/RPT-25-84292, “Recommendations...more
On April 15, 2025, a Presidential Memorandum was issued directing agencies to leverage technology to evaluate environmental permitting decisions and to streamline the review process. The Memorandum directs executive...more
In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more