News & Analysis as of

National Environmental Policy Act Regulatory Agenda CEQ

DLA Piper

CEQ Issues Memorandum on NEPA Implementation: Top Points

DLA Piper on

The Trump Administration has begun operationalizing its regulatory strategy for projects requiring evaluation under the National Environmental Policy Act (NEPA). In this alert, we discuss two key actions being taken and key...more

Schwabe, Williamson & Wyatt PC

NEPA’s Future Comes Into View with New Guidance and Rule Recission ‎

The past few months have been a period of high uncertainty over implementation of the National Environmental Policy Act (NEPA). In December, the Supreme Court heard arguments in a case that addressed the scope of foreseeable...more

Allen Matkins

The CEQ has No Clothes: The End of CEQ’s NEPA Regulations and the Future of NEPA Practice

Allen Matkins on

On February 20, 2025, the White House Council on Environmental Quality (CEQ) posted a pre-publication notice on its website of an Interim Final Rule that rescinds its regulations implementing the National Environmental Policy...more

Perkins Coie

NEPA Practice Without CEQ Regulations

Perkins Coie on

By directing the Council on Environmental Quality (CEQ) to propose rescinding CEQ’s National Environmental Policy Act (NEPA) regulations, President Donald Trump’s executive order on “Unleashing American Energy” affects not...more

Snell & Wilmer

CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations

Snell & Wilmer on

In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the...more

Sheppard Mullin Richter & Hampton LLP

DC Circuit Rejection of CEQ Authority Leaves NEPA Review in Limbo

Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more

Schwabe, Williamson & Wyatt PC

A Period of Uncertainty for NEPA, and a Blank Slate for the Supreme Court‎

With argument looming at the Supreme Court December 10 on Seven County Infrastructure Coalition v. Eagle County, the D.C. Circuit’s November 12 decision in Marin Audubon Society v. F.A.A. opens the door to much wider changes...more

Perkins Coie

DC Circuit Rejects CEQ’s Rulemaking Authority

Perkins Coie on

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

Nossaman LLP on

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

Perkins Coie

CEQ Finalizes NEPA Phase Two Rulemaking

Perkins Coie on

The Council on Environmental Quality (CEQ) finalized its Phase Two revisions to its National Environmental Policy Act (NEPA) implementing regulations on April 30, 2024, following an effort initiated in 2021 to “revise,...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Ward and Smith, P.A.

Biden Administration Revitalizes and Advances the Federal Government's Commitment to Environmental Justice

Ward and Smith, P.A. on

On April 21, 2023, the eve of Earth Day, President Biden continued his Administration's spotlight on environmental justice issues by signing Executive Order 14096, entitled "Revitalizing Our Nation's Commitment to...more

Robinson+Cole Environmental Law +

CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...more

Jones Day

The Climate Report | Fourth Quarter 2021

Jones Day on

Climate Change Regulatory Issues & Updates - New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts - On October 7, 2021, the Council on Environmental Quality...more

Jones Day

New NEPA Proposed Rule from CEQ Leaves Uncertain How U.S. Federal Agencies Must Assess Climate Change Impacts

Jones Day on

On October 7, 2021, the Council on Environmental Quality ("CEQ") published a proposed rule ("Proposed Rule") announcing intentions to modify certain aspects of the National Environmental Policy Act ("NEPA") regulations...more

Nossaman LLP

One Step Back for NEPA Regulations

Nossaman LLP on

On October 7, 2021, the Council on Environmental Quality (CEQ) will publish the first of two proposed rulemakings to revise National Environmental Policy Act (NEPA) regulations that had previously been updated in 2020 under...more

Latham & Watkins LLP

CEQ Issues Report to Congress on CCUS

Latham & Watkins LLP on

CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

Nossaman LLP

[Webinar] The First 100 Days of President Biden’s Environmental Policy: Revolution or Back to Basics? - April 15th, 11:00 am -...

Nossaman LLP on

The first 100 days of a new administration can define what lies ahead for the next four years. Join our panel of Nossaman Environment & Land Use attorneys from across the U.S. on April 15, 2021 from 11:00 a.m. – 12:30 p.m. PT...more

Akin Gump Strauss Hauer & Feld LLP

Biden Administration Revives Consideration of Climate Change Impacts in NEPA Reviews

The Biden administration has continued its efforts to reverse the previous administration’s approach to climate change, this time relating to the National Environmental Policy Act (NEPA), which requires reviews of large...more

Jones Day

Biden Administration Takes Early Action on Climate Change

Jones Day on

In its first week in office, the Biden Administration took initial steps to meet its ambitious goals to address climate change. These steps are contained in a January 20, 2021, executive order (the "Day One Order"), a January...more

Holland & Hart LLP

The Council on Environmental Quality Solicits Comments to Update NEPA Regulations

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The Council on Environmental Quality (CEQ) opened a 30-day comment period today to solicit comments on potential revisions to its regulations for implementing the National Environmental Policy Act (NEPA). CEQ’s NEPA...more

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