News & Analysis as of

National Environmental Policy Act Environmental Impact Statements

Blank Rome LLP

FERC Affirms Texas LNG Export Project on Remand and Rejects Attempts to Enlarge Diminished Scope of Environmental Review

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The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order addressing the United States Court of Appeals for the District of Columbia Circuit’s (“D.C. Circuit”) second remand concerning Texas LNG...more

Goldberg Segalla

U.S. District Court Orders Immediate Closure of ‘Alligator Alcatraz’

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The U.S. District Court for the Southern District of Florida on Aug. 21 ordered the federal government to refrain from sending additional detainees to the detention center known as “Alligator Alcatraz” and to begin...more

Bergeson & Campbell, P.C.

APHIS Withdraws Notices of Intent to Prepare EISs for Two Petitions Seeking Determinations of Nonregulated Status for Organisms...

On August 18, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) advised the public that it is withdrawing notices of intent to prepare environmental impact statements (EIS)...more

Wenning Environmental

Was Major Tom’s Space Mission Reviewed Under NEPA?

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David Bowie’s hit song "Space Oddity," about the fictional astronaut Major Tom, was released as a single in 1969. Environmental impact statements (EIS) for rocket launches in the US were not required at that time. Rocket...more

Perkins Coie

Cumulative Impacts Analysis of Forest Thinning Project Inadequate Under NEPA

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The Ninth Circuit held that the Forest Service’s substantial reduction of a forest thinning project between the Draft and Final EAs did not require repeating the public comment process or considering new alternatives under...more

Perkins Coie

Environmental Assessment for Predator Management Program Violated NEPA

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The U.S. Court of Appeals for the Ninth Circuit ruled that the United States Department of Agriculture did not comply with the National Environmental Policy Act in approving a predator management program for certain...more

Goldberg Segalla

Environmental Groups Halt Construction of ‘Alligator Alcatraz’

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U.S. District Judge Kathleen Williams on Aug. 7 issued a temporary restraining order to pause construction on the controversial detention center known as “Alligator Alcatraz” for two weeks pending argument on the underlying...more

Allen Matkins

Sustainable Development and Land Use Update 7.31.25

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

Holland & Knight LLP

U.S. Nuclear Regulatory Commission Moves Forward with NEPA Overhaul

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The U.S. Nuclear Regulatory Commission (NRC or Commission) issued a Staff Requirements Memorandum (SRM) on July 28, 2025, directing NRC staff to proceed with rulemaking to implement the National Environmental Policy Act...more

Carlton Fields

NEPA: Are New Developments Actually Speeding Federal Permit Reviews?

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The Trump administration came into office in 2025 promising to speed federal environmental permitting by, among other things, streamlining compliance with the National Environmental Policy Act (NEPA). In the whirlwind of the...more

Husch Blackwell LLP

DOE’s New NEPA Guidance: Streamlines Review and More Opportunity

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Recent changes to the U.S. Department of Energy’s (DOE’s) procedures for complying with the National Environmental Policy Act (NEPA), geared at streamlining the environmental review process, may offer some benefits to...more

WilmerHale

Federal Agencies Issue New NEPA Procedures in Response to Executive Order 14154 and the Supreme Court’s Seven County Decision

WilmerHale on

The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more

Morgan Lewis - Up & Atom

NRC NEPA Overhaul: Agency Plans to Amend Regulations in 10 CFR Part 51

The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and...more

Hogan Lovells

New NEPA

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There have been more changes to the National Environmental Policy Act (“NEPA”) and its implementing regulations in the past nine months than perhaps at any point since NEPA was signed into law by President Nixon on January 1,...more

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

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

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

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Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

Hogan Lovells

DOT issues updates to NEPA implementing procedures

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The Department of Transportation (DOT) and several DOT agencies have announced a series of updates to requirements for the agency's implementation of the National Environmental Policy Act (NEPA), including updates to the...more

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

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

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

Flood Project Challenge/Clean Water Act/National Environmental Policy Act: Federal Appellate Court Addresses Standing Issue

The United States Circuit Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in a December 24th, 2024 Opinion a challenge to a United States Army Corps of Engineers (“Corps”) project alleging violations of the...more

Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

Moore & Van Allen PLLC on

A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...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

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

Jones Day on

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

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