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Infrastructure Environmental Litigation

Jones Day

Judicial Challenge to Onshore and Offshore Wind Projects Moves Forward

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On June 18, 2025, the District Court of Massachusetts allowed a coalition of 17 states, the District of Columbia, and an environmental advocacy organization to proceed with a lawsuit against a Presidential Memorandum...more

Vinson & Elkins LLP

[CLE Hybrid Event] “New NEPA” and What It Means for Project Development, Permitting, and Litigation - September 17th, Houston, TX

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On Wednesday, September 17, Brandon Tuck, Jeremy Marwell, and Andrew Beach will present a CLE entitled “New NEPA” and What It Means for Project Development, Permitting, and Litigation. This program will offer practical...more

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

South Platte River Compact/Bill of Complaint: Nebraska Files Action in U.S. Supreme Court Against Colorado

The State of Nebraska filed a Bill of Complaint (“Complaint”) and Motion for Leave to File Bill of Complaint (“Motion”) in the Supreme Court of the United States (“Supreme Court”) against the State of Colorado in regard to a...more

Troutman Pepper Locke

One Stop Shop: Court Confirms Exclusive Jurisdiction of U.S. Courts of Appeals Over Review of Licensed Hydropower Projects

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In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more

Goldberg Segalla

‘Berth Control’ — California’s War on Idle Emissions

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California – as part of effort to reduce the environmental impact of maritime shipping, particularly within vulnerable port-side communities – has implemented one of the most ambitious port-emission control programs to date....more

Paul Hastings LLP

California Pushes ‘Abundance’ Agenda With Major CEQA Reforms for Housing and Select Infrastructure

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On June 30, California Governor Gavin Newsom signed two budget trailer bills that deliver the most significant and sweeping reform of the California Environmental Quality Act (CEQA) in the 55-year history of this far-reaching...more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

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The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Jones Day

The Climate Report | Second Quarter 2025

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Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts - In early April, President Trump issued several presidential actions to revive the coal industry, including rolling back environmental...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

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On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Kelley Drye & Warren LLP

The Future of NEPA: Supreme Court Resets the Rules

On June 11, the Supreme Court issued a major decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that could reshape how infrastructure projects are reviewed, approved, and challenged under the National...more

Mayer Brown

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

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In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy...more

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

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In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more

(ACOEL) | American College of Environmental...

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage...more

Carlton Fields

Supreme Court Ruling Speeds Environmental Reviews, Limits Legal Challenges to Energy Projects

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On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, a case concerning the National Environmental Policy Act (NEPA) that limits judicial review of...more

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

WilmerHale

Supreme Court Decision in Seven County Advances Permitting Reform

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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

DLA Piper

Seven County Infrastructure Coalition v. Eagle County: Top Points

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Supreme Court aims to provide predictability by narrowing the scope of NEPA review - The Supreme Court’s latest ruling in Seven County Infrastructure Coalition v. Eagle County marks a significant “course correction” in how...more

Quarles & Brady LLP

SCOTUS Unanimously Limits Scope of NEPA in Major Infrastructure Ruling

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Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. The U.S. Supreme Court recently clarified the scope of federal agency review requirements under the National Environmental Policy Act (“NEPA”)...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

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In a highly unusual unanimous decision, the U.S. Supreme Court ruled on May 29, 2025 that federal agencies are entitled to “substantial judicial deference” with respect to how they review projects subject to the National...more

Robinson+Cole Environmental Law +

Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed...more

Blank Rome LLP

Supreme Court Scales Back the NEPA Roadblock to Infrastructure Projects

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Overview - On May 29, 2025, the U.S. Supreme Court issued a significant decision clarifying the scope of environmental review required under the National Environmental Policy Act (“NEPA”) for major infrastructure...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

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In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

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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

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

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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

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

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The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

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