News & Analysis as of

National Environmental Policy Act Biden Administration Environmental Policies

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

Morgan Lewis - Up & Atom

NRC Withdraws Environmental Justice Policy Statement

The NRC recently withdrew its Policy Statement on the Treatment of Environmental Justice (EJ) Matters in NRC Regulatory and Licensing Actions (EJ Policy Statement). The NRC did so in response to Executive Order (EO) 14173,...more

Cozen O'Connor

Democratic AGs Oppose CEQ’s Repeal of NEPA Regulations

Cozen O'Connor on

Nineteen Democratic AGs and the Harris County Attorney (Houston, Texas) have submitted comments opposing the President’s Council on Environmental Quality’s (CEQ) Interim Final Rule (Proposed Rule), which would repeal CEQ’s...more

Allen Matkins

California Environmental Law & Policy Update 2.28.25

Allen Matkins on

On February 20, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule rescinding its regulations implementing the National Environmental Policy Act...more

Holland & Knight LLP

Seismic Changes in Federal Environmental Reviews: CEQ to Rescind NEPA Regulations

Holland & Knight LLP on

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

Troutman Pepper Locke

A Hard Look at CEQ’s Hard Luck: North Dakota Court Decision Accelerates NEPA Regulations’ Rapid Fall

Troutman Pepper Locke on

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more

Holland & Knight LLP

Court's Denial of Review Leaves Open Questions of CEQ Authority

Holland & Knight LLP on

The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more

(ACOEL) | American College of Environmental...

Teaching Environmental Law in Tumultuous Times

Happy new year, ACOEL colleagues and friends! Following (nearly) four years in the Biden Administration serving as Associate Administrator for Policy at EPA, I am happy to be back in my teaching role at Georgetown University...more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - December 8 - December 14, 2024

Good morning! This is Akin’s newsletter on climate change policy and regulatory developments, providing information on major climate policy headlines from the past week and forthcoming climate-related events and hearings...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Concluding Thoughts

Nossaman LLP on

This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

King & Spalding

Beyond the Fenceline: Environmental Justice Updates – December 2023

King & Spalding on

Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more

Stoel Rives - Environmental Law Blog

Phase 2 NEPA Revisions: Significant Changes Proposed by CEQ in the Proposed Bipartisan Permitting Reform Rule

On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more

Foley Hoag LLP - Environmental Law

Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more

Ward and Smith, P.A.

Biden Administration Revitalizes and Advances the Federal Government's Commitment to Environmental Justice

Ward and Smith, P.A. on

On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to...more

Downey Brand LLP

The Fiscal Responsibility Act’s Modest NEPA Amendments to Streamline Project Review

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On June 3, 2023, President Biden signed the Fiscal Responsibility Act of 2023 (“FRA”) into law, extending the U.S. debt limit into 2025. As part of the Congressional deal, FRA also contains amendments to the National...more

Brownstein Hyatt Farber Schreck

Much Ado About NEPA

The Fiscal Responsibility Act’s Revisions to the Iconic Statute Largely Codify Existing Interpretation and Practice On May 31, 2023, the House of Representatives advanced the Fiscal Responsibility Act of 2023 (“FRA”), which...more

Goldberg Segalla

New Executive Order Renews & Strengthens America’s Commitment to Environmental Justice

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Right on the heels of Earth Day, President Joe Biden signed Executive Order 14096, titled “Revitalizing Our Nation’s Commitment to Environmental Justice for All”....more

Katten Muchin Rosenman LLP

President Biden's New Executive Order on Environmental Justice Broadly Expands Environmental Justice Requirements

The Biden Administration has issued Executive Order (EO) 14096: Revitalizing Our Nation's Commitment to Environmental Justice for All, which markedly expands on the previous EO relating to environmental justice, issued by...more

WilmerHale

Executive Order Amplifies Whole-of-Government Environmental Justice Agenda

WilmerHale on

The Biden Administration’s Executive Order 14096, “Revitalizing Our Nation’s Commitment to Environmental Justice for All,” launched significant new policies to further integrate environmental justice throughout the federal...more

Kilpatrick

Biden Administration Seeks to Put Environmental Justice Into Action with an Earth Day Executive Order

Kilpatrick on

From the earliest days, the Biden Administration has made environmental justice and equity a key pillar of its environmental policy, directing EPA to incorporate this concept at all levels of its decision-making process...more

Sheppard Mullin Richter & Hampton LLP

Updated CEQ Guidance for Analysis of GHG Emissions Sidesteps Key Legal Issues

In the latest effort by the Biden administration to promote consideration of climate and environmental justice impacts in federal decision-making, the White House Council on Environmental Quality (CEQ) recently issued interim...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

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This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

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On January 6, 2023, the White House’s Council on Environmental Quality (CEQ) announced new interim guidance for evaluating greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act...more

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