News & Analysis as of

National Environmental Policy Act Environmental Review Infrastructure

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

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

WilmerHale

Supreme Court Decision in Seven County Advances Permitting Reform

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In a much-anticipated decision, the U.S. Supreme Court made a major “course correction” to the law governing federal environmental reviews and permitting decisions for infrastructure and other projects under the National...more

Dorsey & Whitney LLP

The Supreme Court Update - May 29, 2025

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The Supreme Court of the United States issued one decision today: Seven County Infrastructure Coalition v. Eagle County, Colorado, No. 23-975: This case concerns the scope of federal court review over an agency’s...more

Holland & Knight LLP

New Executive Action Aims to Streamline Environmental Reviews Through Digital Modernization

Holland & Knight LLP on

The Trump Administration has issued a Presidential Memorandum, "Updating Permitting Technology for the 21st Century," aimed at modernizing and streamlining the federal environmental review and permitting processes through...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

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This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more

Stinson LLP

Council on Environmental Quality Publishes Phase 2 NEPA Rule

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On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more

Nossaman LLP

Right of Way 101

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This past week I had the opportunity to attend the International Right of Way Association’s (IRWA) Region 1 Fall Forum and Symposium in San Diego, California. On Friday, Brad Kuhn and I presented an update on recent federal...more

Akin Gump Strauss Hauer & Feld LLP

Department of Energy Seeks Comments on Reforms to Accelerate Electric Transmission Project Permitting

On August 10, 2023, the U.S. Department of Energy (DOE) proposed to substantially revise regulations aimed at accelerating the Federal environmental review and permitting processes associated with the development of onshore...more

Ballard Spahr LLP

New York City’s Congestion Pricing Program Moves Forward

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Summary - The nation’s first variable tolling program in a central business district (CBD) reached a new milestone, bringing New York City’s Metropolitan Transportation Authority (MTA) closer to its goal of launching...more

Stinson LLP

White House Announces New Guidance on Evaluating Greenhouse Gas Emissions

Stinson LLP on

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

Latham & Watkins LLP

Bureau of Land Management Issues Guidance on Authorizing Carbon Sequestration on Public Land

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The guidance sends a signal that carbon capture and sequestration remains a focus of the current administration’s decarbonization efforts. On June 8, 2022, the US Department of the Interior’s (Interior) Bureau of Land...more

K&L Gates LLP

NEPA: The Old Becomes New

K&L Gates LLP on

The regulations that implement the National Environmental Policy Act (NEPA) are crucially important for the development of major energy and infrastructure projects in the United States. For example, the NEPA regulations will...more

Downey Brand LLP

$1.2 Trillion Infrastructure Legislation Provides Funding and NEPA Streamlining for Key Environmental and Infrastructure Projects

Downey Brand LLP on

On November 15, 2021, President Biden signed the landmark $1.2 trillion infrastructure legislation package, more commonly referred to as the Infrastructure Investment and Jobs Act (IIJA or Act). The 2,700+-page Act has been...more

Pillsbury Winthrop Shaw Pittman LLP

Biden’s Infrastructure Bill and the Promise of NEPA Reform

The current bill contains several provisions which would significantly alter the requirements of National Environmental Policy Act review, but it remains to be seen whether those changes will survive House review. The...more

Perkins Coie

FAST-41 Environmental Review and Permitting Process Changes in the Senate Infrastructure Bill

Perkins Coie on

Title VIII of the Infrastructure Investment and Jobs Act (H.R. 3684), the infrastructure bill recently passed by the U.S. Senate, includes several important amendments to Title 41 of the Fixing America’s Surface...more

Morgan Lewis - Up & Atom

NRC Staff Proposes Rulemaking to Update Environmental Regulations

The US Nuclear Regulatory Commission (NRC) Staff has sought the Commission’s approval to initiate a rulemaking to update the agency’s environmental protection regulations for licensing activities....more

Nossaman LLP

NEPA Rules Rewrite: Content of NEPA Documents Under New CEQ Rules

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This is the fourth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 (Final Regulations) by the Council on Environmental Quality...more

Perkins Coie

President Trump Orders Federal Agencies to Use Emergency Authority to Further Expedite Environmental Project Approvals

Perkins Coie on

Pressing ahead on his efforts to reduce delays in federal approvals necessary for major infrastructure projects, President Donald Trump on June 4 called for more streamlining in another executive order, Accelerating the...more

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

Hogan Lovells on

The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

Brownstein Hyatt Farber Schreck

White House Releases NEPA Proposal

On Jan. 9, following a White House press conference, the Council on Environmental Quality (CEQ) released proposed revisions to National Environmental Policy Act (NEPA) regulations. The proposed rule seeks to rein in NEPA...more

Hogan Lovells

CEQ's NEPA regulatory overhaul: highlights and predictions

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The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Nossaman LLP

Will Long-Awaited Changes to NEPA Materially Alter Federal Environmental Reviews?

Nossaman LLP on

On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations.  The Proposed Rule would represent the first significant overhaul of...more

Ballard Spahr LLP

Feds Propose Overhaul of Environmental Reviews for Controversial Projects

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The Trump Administration is proposing significant revisions to the implementing regulations of the National Environmental Policy Act of 1969 (NEPA) in an overhaul effort that the Administration is touting as a “modernization”...more

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