News & Analysis as of

National Environmental Policy Act Federal Energy Regulatory Commission

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

BakerHostetler

Sierra Club v. FERC: An Application of Seven County Deference

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The D.C. Circuit issued its first precedential opinion interpreting the recent Supreme Court decision Seven County Infrastructure Coalition v. Eagle County, Colorado, 145 S. Ct. 1497 (2025)....more

WilmerHale

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

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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

Akin Gump Strauss Hauer & Feld LLP

DC Circuit Embraces Seven County in FERC Pipeline Review Proceeding

In Sierra Club v. FERC, No. 24-1199 (D.C. Cir. Aug. 1, 2025), the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) upheld the Federal Energy Regulatory Commission’s (FERC) approval of a 1,000-foot...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

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — August 2025

July was a big month for federal energy and sustainability policy. A series of major actions out of Congress and the executive branch signaled significant shifts in direction — on everything from spending and permitting to...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

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

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On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

K&L Gates LLP

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

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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

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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

Goldberg Segalla

Agencies Take Major Federal Action Significantly Affecting NEPA’s Future

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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

Troutman Pepper Locke

FERC Affirms Authorizations for Venture Global’s LNG Export Terminal and Pipeline

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On May 23, 2025, FERC upheld on rehearing its prior orders authorizing Venture Global CP2 LNG, LLC to build a new liquified natural gas (“LNG”) export terminal (“CP2 LNG Terminal”) and granting Venture Global CP Express, LLC...more

Vinson & Elkins LLP

Redrawing the Map – Energy Provisions in Proposed Budget Bill Seek to Shift the Future of Federal Infrastructure Policy

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On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more

Troutman Pepper Locke

D.C. Circuit Denies Healthy Gulf’s and Sierra Club’s Petition for Review of FERC Order Authorizing Construction and Operation of...

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On March 28, 2025, the D.C. Circuit denied a joint petition for review brought by Healthy Gulf and Sierra Club (together, “Petitioners”) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to...more

Jones Day

D.C. Circuit Decision Underscores Jurisdictional Limits of FERC Project Reviews Under NEPA

Jones Day on

On January 7, 2025, the U.S. Court of Appeals for the D.C. Circuit issued a decision—Citizens Action Coalition of Indiana, Inc. v. Federal Energy Regulatory Commission, 125 F.4th 229 (2025) ("Citizens Action")—affirming...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Washington Update — March 2025

Federal Energy Policy Update: A Tumultuous Start to 2025 - The saying “March comes in like a lion” refers to the weather. However, in the political sphere, the Trump administration has ushered in a turbulent start to the...more

Troutman Pepper Locke

FERC Reinstates Authorization for Transco Pipeline Expansion Project

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On January 24, 2025, FERC reinstated a certificate of public convenience and necessity (“CPCN”) for Transcontinental Gas Pipe Line Company’s (“Transco”) Regional Energy Access Expansion Project (“Project”) after the D.C....more

Troutman Pepper Locke

FERC Withdraws Draft GHG Policy Statement and Terminates Associated Proceeding

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On January 24, 2025, FERC withdrew its 2022 draft Greenhouse Gas (“GHG”) Policy Statement and terminated the associated proceeding. FERC determined that, after reviewing the entire record, issues concerning GHG emissions are...more

Akin Gump Strauss Hauer & Feld LLP

Transco’s REAE Project: FERC Reinstates Certificate, Ensuring Continued Operation

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order on remand (the Order) reinstating a certificate of public convenience and necessity for Transcontinental Gas Pipe Line...more

Goldberg Segalla

Navigating the Shifting Sands: Legal Challenges and Opportunities in Offshore Wind Development

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Offshore wind energy is rapidly emerging as a critical component of the global transition to renewable energy sources. Harnessing the vast wind resources available at sea offers significant potential for reducing greenhouse...more

Vinson & Elkins LLP

New Administration: Key Energy Issues Tied to Executive Orders

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After little more than a week in office, there is still plenty of speculation, but priorities of the Trump 2.0 Administration are becoming more concrete. Issuance of three energy-focused Executive Orders (Unleashing American...more

Akin Gump Strauss Hauer & Feld LLP

FERC Formally Axes its Draft Policy Statement on Greenhouse Gas Emission Considerations for Natural Gas Act Projects

On January 24, 2025, the Federal Energy Regulatory Commission (FERC or the Commission) issued an Order Terminating Proceeding in Docket No. PL21-3, Consideration of Greenhouse Gas Emissions in Natural Gas Infrastructure...more

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

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On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more

Akin Gump Strauss Hauer & Feld LLP

Early Assessment of the Effect of President Trump’s New Executive Orders on FERC Infrastructure Projects

On January 20, 2025, and throughout his first week in office, President Trump signed a series of executive orders (EOs) outlining his priorities for the domestic energy industry and setting forth policy preferences that...more

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