Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
How Trump's Infrastructure Plan Impacts the Energy Industry
Whether from the perspective of a developer, user or tenant, debt or equity financing provider, the government, or the broader community, the development of a data center project requires a host of considerations to assess...more
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
On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more
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
1 See National Environmental Policy Act Implementing Regulations, 90 Fed. Reg. 29498, 29498 (July 3, 2025) (codified 43 C.F.R. Part 46); Procedures for Implementing NEPA; Processing of Department of the Army Permits, 90 Fed....more
On July 23, 2025, the White House released "America's AI Action Plan" (the "Plan"), a comprehensive federal strategy to secure U.S. global leadership in artificial intelligence ("AI"). The Plan is structured around three...more
Recently introduced bipartisan legislation aims to significantly streamline the environmental review process for recipients of federal assistance....more
The Executive Office of the President of the United States released a July 2025 document titled: Winning the Race – America’s AI Action Plan (“Action Plan”). The stated objective of the Action Plan is to ensure the...more
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
A new executive order seeks to streamline funding for and construction of data center projects by reducing regulatory red tape. On July 23, 2025, the Trump administration issued an executive order titled “Accelerating...more
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
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
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
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
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
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
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
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
Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. The U.S. Supreme Court recently clarified the scope of federal agency review requirements under the National Environmental Policy Act (“NEPA”)...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
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
The Council on Environmental Quality (“CEQ”) issued what is titled: Permitting Technology Action Plan (“PTAP”). The PTAP is stated to have been developed in consultation with the National Energy Dominance Council and...more
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
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