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National Environmental Policy Act Environmental Litigation Government Agencies

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...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

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

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Stoel Rives - Environmental Law Blog

Seven County Infrastructure Coalition v. Eagle County: Agencies Granted Substantial Deference in Assessing Project Scope and...

In a significant decision interpreting the National Environmental Policy Act (NEPA), the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado on May 29, 2025. For certain...more

Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

Winstead PC

Supreme Court Reins in NEPA Reviews - Clearing the Path for Developers

Winstead PC on

On May 29, 2025, the Supreme Court handed down its decision in Seven County Infrastructure Coalition v. Eagle County, No. 23-975, 605 U.S. ___ (2025), sharply limiting the scope of environmental review obligations under the...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

Baker Botts L.L.P. on

Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

Vinson & Elkins LLP on

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Restores Agency Deference In NEPA Reviews

On May 29, 2025, the United States Supreme Court issued an 8-0 opinion in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. that affirmed agency deference in review of environmental documents...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Allen Matkins

California Environmental Law & Policy Update 5.2.25

Allen Matkins on

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Pillsbury Winthrop Shaw Pittman LLP

Council on Environmental Quality Rescinds NEPA Regulations

Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more

Saul Ewing LLP

The Three Things You Should Know About the Council on Environmental Quality’s Removal of its National Environmental Policy Act...

Saul Ewing LLP on

On February 25, 2025, the Council on Environmental Quality (CEQ) issued an interim final rule rescinding its regulations under the National Environmental Policy Act (NEPA)....more

Carlton Fields

NEPA: New Executive Order and Court Rulings Create Major Uncertainties for Compliance and Litigation

Carlton Fields on

There is more uncertainty today about how to implement the National Environmental Policy Act (NEPA) than at any time in decades. NEPA is one of the primary laws governing the timeline for federal agency permits and serves as...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Akin Gump Strauss Hauer & Feld LLP

A New Tenant on Federal Lands: Court Orders BLM to Consider Climate Impacts in Approving Energy Leases

In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more

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