News & Analysis as of

National Environmental Policy Act Regulatory Reform Infrastructure

K&L Gates LLP

FERC and DOE Roll Back NEPA Rules to Accelerate Permitting

K&L Gates LLP on

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

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

Goldberg Segalla on

The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Jones Day

The Climate Report | Second Quarter 2025

Jones Day on

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

Jones Day

Evolving NEPA Regulations May Facilitate Energy Projects

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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

Mayer Brown

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

Mayer Brown on

In a unanimous decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975), the US Supreme Court significantly narrowed the scope of environmental reviews required under the National Environmental Policy...more

Carlton Fields

Supreme Court Ruling Speeds Environmental Reviews, Limits Legal Challenges to Energy Projects

Carlton Fields on

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

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

Maynard Nexsen on

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

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

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

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The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

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

National Environmental Policy Act/Environmental Permitting: Council on Environmental Quality Issues Permitting Technology Action...

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

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

Dorsey & Whitney LLP on

On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

Bracewell LLP on

On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Holland & Knight LLP

New Executive Action Aims to Streamline Environmental Reviews Through Digital Modernization

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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

Pillsbury Winthrop Shaw Pittman LLP

White House Directs Modernization of NEPA Permitting to Accelerate Environmental Reviews

The Trump administration’s directive instructs the Council on Environmental Quality to implement technological reforms and establish a unified federal system to conduct environmental reviews and evaluate permits....more

Dickinson Wright

Federal Agencies Ordered to Streamline Infrastructure Permits

Dickinson Wright on

On April 15, 2025, a Presidential Memorandum was issued directing agencies to leverage technology to evaluate environmental permitting decisions and to streamline the review process. The Memorandum directs executive...more

Allen Matkins

California Environmental Law & Policy Update 2.28.25

Allen Matkins on

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

Foley & Lardner LLP

Trump Administration Rescinds Council on Environmental Quality’s Guidelines, Creating Widespread Uncertainty for the National...

Foley & Lardner LLP on

On February 19, 2025, the Trump Administration issued an Interim Final Rule rescinding the Council on Environmental Quality’s (CEQ’s) regulations setting forth the requirements for compliance with the National Environmental...more

Paul Hastings LLP

Trump Administration Seeks Permitting and NEPA Reform

Paul Hastings LLP on

On January 20, President Donald Trump signed a flurry of executive orders and memorandums that will have significant implications for projects seeking federal permits and subject to review under the National Environmental...more

Jackson Walker

What’s Next for Energy Policy after President Trump’s Executive Orders?

Jackson Walker on

On his first day in office, President Trump signed an historic number of executive orders, many of which were focused on energy policy issues. These orders provided a clear signal of President Trump’s policies and policy...more

King & Spalding

President Trump’s Day-One Executive Orders: Energy and Environment

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On January 20, 2025, President Trump issued several Executive Orders and memoranda (the “EOs”) signaling a significant policy shift favoring robust and market-based energy production (mostly relying on fossil fuels), while...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

ArentFox Schiff

With Executive Orders, President Trump Reshapes Federal Environmental and Energy Policy

ArentFox Schiff on

The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more

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