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Greenhouse Gas Emissions Environmental Impact Statements

Jones Day

Evolving NEPA Regulations May Facilitate Energy Projects

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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

Vinson & Elkins LLP

English Court of Appeal Dismisses Application for Judicial Review on Carbon Capture Project at Net Zero Teesside

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In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for...more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

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On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Foley Hoag LLP - Energy & Climate Counsel

Montana Protects a Constitutional Right to a Stable Climate: Will Any Other States Follow Suit?

Earlier this week, the Montana Supreme Court affirmed a lower court ruling in favor of plaintiffs in a climate case based on certain provisions of the Montana constitution. Specifically, the court ruled that: - The...more

Fenwick & West LLP

Montana Supreme Court Sides with Youth Climate Activists

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In a 6-1 ruling yesterday, Montana’s Supreme Court upheld a landmark decision finding that a 2011 state law making it illegal to consider environmental impacts (including greenhouse gas emissions) when issuing permits for...more

Pillsbury Winthrop Shaw Pittman LLP

How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction,...more

Akin Gump Strauss Hauer & Feld LLP

FERC Overrules Northern Natural and Finds it Does Not Need to Identify Whether a Natural Gas Project’s Greenhouse Gas Emissions...

On November 27, 2024, in Venture Global, CP2 LNG, LLC,1 the Federal Energy Regulatory Commission’s (FERC or Commission) explicitly overruled precedent set in Northern Natural Gas Co., a 2021 decision in which FERC made an...more

Goldberg Segalla

What’s Next For NEPA?

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The U.S. Supreme Court last week scheduled oral arguments for December 10 in Seven County Infrastructure Coalition v. Eagle County, a highly anticipated case that focuses on whether a federal agency should be required to...more

Troutman Pepper Locke

D.C. Circuit Denies Food & Water Watch’s Challenges to FERC’s GHG Review in NGA Certificate Proceeding

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On June 14, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied Food & Water Watch’s environmental challenges to the FERC’s order granting a certificate of public convenience...more

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

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Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...more

Mintz

NY AG Launches Greenwashing Lawsuit Against Beef Producer

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Recently, the New York Attorney General filed a lawsuit against the American subsidiaries of JBS Group, the Brazilian-based beef producer, asserting that JBS had “violat[ed] New York's consumer protection statutes” through...more

Akin Gump Strauss Hauer & Feld LLP

Implications of US Department of Energy Decision to ‘Pause’ Authorizations of Liquefied Natural Gas Exports May Extend Beyond...

On January 26, 2024, the Biden-Harris Administration announced that it would place a temporary “pause” on pending decisions to export liquefied natural gas (LNG) to countries with which the United States has not entered into...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Jenner & Block

Montana State Court Sides with Youth Plaintiffs in Unique Climate Change Lawsuit (Corporate Environmental Lawyer )

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On August 14, 2023, a Montana state court found that a Montana environmental review statute (the Montana Environmental Policy Act or MEPA) that limited (and as amended in May 2023, precluded) consideration of greenhouse gas...more

Faegre Drinker Biddle & Reath LLP

CEQ Proposes New NEPA Regulations: More Public Engagement and More Clean Energy Projects

Background - On July 31, 2024, the Council on Environmental Quality (CEQ) published their proposed Phase 2 of their National Environmental Policy Act (NEPA) regulations known as the Bipartisan Permitting Reform...more

Foley Hoag LLP - Environmental Law

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

Troutman Pepper Locke

D.C. Circuit Upholds FERC’s NEPA Review of Alaskan LNG Project

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On May 16, 2023, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued an opinion in Center for Biological Diversity v. Alaska Gasline Development Corporation, affirming FERC’s...more

Troutman Pepper Locke

FERC Addresses Social Cost of Carbon and Environmental Justice Analysis on Remand

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On remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”), FERC reaffirmed that Rio Grande LNG, LLC’s proposed liquified natural gas (“LNG”) terminal project (“Rio Grande LNG...more

Pierce Atwood LLP

White House Publishes Guidance on GHGs in Permitting

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On January 9, 2023, the White House Council on Environmental Quality (CEQ) published new interim guidance intended to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects of project proposals...more

Bracewell LLP

New Climate Guidance Issued to Federal Agencies Conducting Environmental Impact Analyses

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On January 9, 2023, the Council for Environmental Quality (“CEQ”) published interim National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change (hereafter, “guidance” or “GHG...more

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

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On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

Akin Gump Strauss Hauer & Feld LLP

FERC Announces Major Policy Changes for Certification of Natural Gas Facilities, Including Consideration of Greenhouse Gas...

On February 18, 2022, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two interconnected policy statements (the “Policy Statements”) regarding its review and certification of interstate natural...more

Steptoe & Johnson PLLC

FERC Issues Landmark Changes to Pipeline Approval Process

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On February 17th, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued updates to its policies by which it determines whether to approve or deny an application to construct interstate natural gas...more

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

Voluntary Groundwater Pumping Program/U.S. Bureau of Reclamation: Federal Court Addresses National Environmental Policy Act...

A United States District Court (“E.D. California”) (“Court”) addressed in a September 14th Order a National Environmental Policy Act (“NEPA”) challenge to a groundwater extraction project in the Sacramento River Valley. See...more

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