News & Analysis as of

National Environmental Policy Act Energy Projects

Allen Matkins

Project Applicants Can Now Pay for Expedited Federal Environmental Review Under NEPA

Allen Matkins on

The budget reconciliation bill signed into law on July 4 (also known as the “One Big Beautiful Bill”) adds a new provision to the National Environmental Policy Act (NEPA) that allows project sponsors/applicants to pay for...more

Davis Wright Tremaine LLP

FERC Eases NEPA Review for Hydropower Projects With New Categorical Exclusions

In a decision notable enough to merit a novel docket prefix (CX25-2-000), the Federal Energy Regulatory Commission (FERC) adopted two new categorical exclusions under the National Environmental Policy Act (NEPA) aimed at...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

K&L Gates LLP

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

K&L Gates LLP on

On 30 June 2025, both the US Department of Energy (DOE) and the Federal Energy Regulatory Commission (FERC or the Commission) announced revisions to their respective National Environmental Policy Act (NEPA) procedures to...more

Troutman Pepper Locke

FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions

Troutman Pepper Locke on

On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more

Akin Gump Strauss Hauer & Feld LLP

NEPA Is the Spotlight: FERC Overhauls Its NEPA Guidance to Streamline Permitting Days Before One Big Beautiful Bill Act Updates...

On June 30, 2025, the Federal Energy Regulatory Commission (FERC) and U.S. Department of Energy (DOE) issued updated National Environmental Policy Act (NEPA) rules and guidance that will impact the permitting process for...more

Bracewell LLP

Another Big Week for NEPA: New Federal Procedures and a Big Beautiful Bill Benefit

Bracewell LLP on

The week of June 30, 2025, will go down in National Environmental Policy Act (NEPA) history as another one for the books — federal agencies have begun their efforts to overhaul their NEPA procedures and Congress has...more

Goldberg Segalla

Agencies Take Major Federal Action Significantly Affecting NEPA’s Future

Goldberg Segalla on

The National Environmental Policy Act (NEPA) applies to a major federal action that significantly affects the quality of the human environment. On June 30, several federal agencies took their own federal action which will...more

Farella Braun + Martel LLP

[Hybrid Event] Environmental Permitting and Litigation Fundamentals for Clean Energy Projects - July 16th, San Francisco, CA

Dive into the fundamentals of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA) in our engaging session tailored for professionals in the clean energy sector. By the end of our...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

Jones Day

The Climate Report | Second Quarter 2025

Jones Day on

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

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

Morgan Lewis - Up & Atom

US Supreme Court: Deference Owed to Agency Decisions on the Scope of NEPA Reviews

The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to...more

Jones Day

Evolving NEPA Regulations May Facilitate Energy Projects

Jones Day on

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

Mayer Brown

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

Mayer Brown on

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

Akin Gump Strauss Hauer & Feld LLP

Stopping Radical Environmentalism to Generate Power for the Columbia River Basin (Trump EO Tracker)

Revokes the September 27, 2023 Presidential Memorandum on restoring fish populations in the Columbia River Basin and directs relevant agencies to withdraw from the associated litigation MOU, halt the current SEIS process, and...more

Akerman LLP

NEPA Requirements Narrowed in New SCOTUS Ruling

Akerman LLP on

On May 29, 2025, the U.S. Supreme Court (SCOTUS) issued an opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., which narrowed the requirements of environmental review under the National...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

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

Downey Brand LLP

U.S. Supreme Court Limits Use of Environmental Review as a Roadblock

Downey Brand LLP on

On May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado (2025) 605 U.S. ____, the Supreme Court gave instruction that the National Environmental Policy Act (NEPA) “is a procedural cross-check, not...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

Pillsbury - Gravel2Gavel Construction & Real...

Interior Department Streamlines NEPA, ESA, NHPA Reviews for Geothermal Energy Projects

The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal...more

Saul Ewing LLP

Supreme Court Mandates Substantial Deference to Agency Decisions Under NEPA in Seven County Infrastructure Coalition v. Eagle...

Saul Ewing LLP on

Overview - On May 29, 2025, the Supreme Court issued a significant decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. __ (2025), clarifying the scope of judicial deference to agencies’ procedural...more

Hogan Lovells

Seven County Infrastructure Coalition v. Eagle County decision summary

Hogan Lovells on

In Seven County Infrastructure Coalition v. Eagle County, the Supreme Court fundamentally altered the nature of judicial review of agency decisions involving Environmental Impact Statements (EISs) under the National...more

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