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Judicial Review Regulatory Reform

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

Standardizing Permitting and Expediting Economy Development Act: Congressman Westerman (Arkansas) Introduces National...

United States Congressman Bruce Westerman (R-Arkansas) has introduced legislation into the United States House of Representatives titled: Standardizing Permitting and Expediting Economic Development Act (“SPEED Act”)....more

Tonkon Torp LLP

EPA Poised to Overturn Greenhouse Gas Endangerment Finding

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Current Environmental Protection Agency (EPA) Administrator Lee Zeldin proposed a rule today to rescind 2009 rules that form the basis of greenhouse gas (GHG) emissions limitations, a move that will almost certainly lead to...more

Baker Donelson

Seven County Infrastructure Coal. v. Eagle Cnty., Colo. – Supreme Court's "Course Correction" on NEPA Already Steering Decisions...

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The United States Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, on May 19, 2025, clarifying that the scope of judicial review of federal agency environmental...more

Lerman Senter PLLC

TV "Top Four" Prohibition Struck Down; Other Media Ownership Rules Remain Intact

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A federal court has struck down the FCC’s prohibition on common ownership of two “top four” television stations in a single market, marking a significant change in the FCC’s media ownership rules. The Court left other...more

Morrison & Foerster LLP

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

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

Mintz

SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts

Mintz on

On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the validity of the SEC's mandatory climate disclosure law. By way of background, in April...more

Brownstein Hyatt Farber Schreck

NEPA Reimagined: The Ongoing Overhaul of Federal Environmental Review

Over the past eight months, the legal framework governing environmental review under the National Environmental Policy Act (NEPA) has undergone significant upheaval—with additional changes still on the way. Here’s what’s...more

Downey Brand LLP

Wait, What? Major Changes to CEQA Slip into Law via Deft Maneuvering

Downey Brand LLP on

Much is discussed every year in the Legislature about how the California Environmental Quality Act (“CEQA”) needs reform. But the calls for change nearly always fail, aside from a few tinkering changes. This year is...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Perkins Coie

Returning to the 1970s: Agency NEPA Regulations Replaced by Guidance

Perkins Coie on

A chain of events that started on Inauguration Day culminated with the June 30, 2025, withdrawal of National Environmental Policy Act (NEPA) regulations that have, since the 1970s, structured decision-making processes at the...more

Kelley Drye & Warren LLP

Another Crack in the Agency Armor – Supreme Court Further Expands Judicial Review of Certain Federal Agency Actions

On June 20, 2025, the Supreme Court issued a 6-3 opinion holding that U.S. district courts are not bound to follow a federal agency’s interpretation of a statute even though the Hobbs Administrative Orders Review Act (“Hobbs...more

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

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The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Davis Wright Tremaine LLP

Supreme Court Preserves Federal Universal Service Program

The Supreme Court upheld the constitutionality of the federal Universal Service Fund (USF)'s funding regime on the final day for releasing opinions of its 2024 term. In FCC v. Consumers' Research, the Court reversed the U.S....more

ArentFox Schiff

What Regulated Businesses Should Know About the Supreme Court’s Recent NEPA Decision

ArentFox Schiff on

The National Environmental Policy Act (NEPA) is a federal statute that outlines how federal agencies must review the environmental impacts of their regulatory actions. The regulated community has often viewed NEPA as an...more

Goldberg Segalla

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

Goldberg Segalla on

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

Carlton Fields

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

Carlton Fields on

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

Hogan Lovells

UK: Infrastructure planning – summer round-up

Hogan Lovells on

Summer’s on the way and we’re closing in on the first anniversary of Labour’s 2024 election victory. In our previous infrastructure planning round-up we closed 2024 by looking forward to the introduction of the Planning and...more

K&L Gates LLP

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

K&L Gates LLP on

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

Womble Bond Dickinson

Seven County Infrastructure Coalition v. Eagle County: A Turning Point For The National Environmental Policy Act

Womble Bond Dickinson on

Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

Maynard Nexsen on

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

Holland & Hart LLP

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

Holland & Hart LLP on

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

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

Dorsey & Whitney LLP on

On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Beveridge & Diamond PC

New NEPA Limits on the Horizon

New NEPA Limits on the Horizon - It has been a year of major change for the National Environmental Policy Act (NEPA), marked by various court decisions, executive orders, and the Council on Environmental Quality’s (CEQ)...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

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