Quick Guide to Administrative Hearings
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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more
On March 7, the Community Financial Services Association of America (CFSA) and the Consumer Service Alliance of Texas filed a petition for a writ of certiorari with the U.S. Supreme Court seeking to overturn a decision by the...more
The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more