News & Analysis as of

National Environmental Policy Act Rulemaking Process

Wiley Rein LLP

Wireless Roundup (September 2025)

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‘Delete, Delete, Delete’ Deadline to Oppose Coming Soon: Following Federal Communications Commission (FCC or Commission) Chairman Carr’s Delete, Delete, Delete Public Notice, this Direct Final Rule (DFR) eliminates several of...more

Pillsbury - CommLawCenter

From Space to Spectrum: The FCC’s August 2025 Open Meeting Rundown

On Thursday, August 7, the Federal Communications Commission (“FCC” or “Commission”) held its monthly Open Meeting, where it considered items spanning several industries, including broadcasting, satellite communications, and...more

Holland & Knight LLP

U.S. Nuclear Regulatory Commission Moves Forward with NEPA Overhaul

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The U.S. Nuclear Regulatory Commission (NRC or Commission) issued a Staff Requirements Memorandum (SRM) on July 28, 2025, directing NRC staff to proceed with rulemaking to implement the National Environmental Policy Act...more

Morgan Lewis - Up & Atom

NRC NEPA Overhaul: Agency Plans to Amend Regulations in 10 CFR Part 51

The Commission recently issued a Staff Requirements Memorandum (SRM) directing NRC Staff to revise the NRC’s National Environmental Policy Act of 1969 (NEPA) regulations at 10 CFR Part 51 and update related NRC guidance and...more

Cozen O'Connor

Democratic AGs Urge Federal Agencies to Halt Rollback of NEPA Regulations

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Eighteen Democratic AGs have submitted formal comment letters to several federal agencies urging them to withdraw recently issued final rules that rescind regulations implementing National Environmental Policy Act (NEPA)...more

Beveridge & Diamond PC

Federal Agencies Overhaul Longstanding NEPA Regulations

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Key Takeaways - What happened: Over the last few weeks, individual federal agencies have issued interim final rules (IFRs) to largely rescind their existing NEPA regulations. Agencies have replaced those regulations with a...more

Hogan Lovells

DOT issues updates to NEPA implementing procedures

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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

Wenning Environmental

Rescinding U.S. Roadless Rule Reignites Centuries-old Debate About State Rights And Environmental Protections On Public Lands

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U.S. Department of Agriculture (USDA) Secretary Brooke Rollins’ announcement at a Western Governors Association meeting in June 2025 to rescind the 2001 Roadless Area Conservation Rule, commonly known as the Roadless Rule, is...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

Troutman Pepper Locke

Extreme Makeover – NEPA Edition: Permitting Agencies Strip Their Environmental Review Regulations Down To The Studs

Troutman Pepper Locke on

In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National...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

Snell & Wilmer

Freeing Agencies from Conflicting National Environmental Policy Act Regulations

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On July 3, 2025, several federal agencies published Interim Final Rules or Final Rules freeing themselves of legally and statutorily conflicting regulations implementing the National Environmental Policy Act (NEPA) in...more

Bracewell LLP

Another Big Week for NEPA: New Federal Procedures and a Big Beautiful Bill Benefit

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The week of June 30, 2025, will go down in National Environmental Policy Act (NEPA) history as another one for the books — federal agencies have begun their efforts to overhaul their NEPA procedures and Congress has...more

Perkins Coie

Returning to the 1970s: Agency NEPA Regulations Replaced by Guidance

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A chain of events that started on Inauguration Day culminated with the June 30, 2025, withdrawal of National Environmental Policy Act (NEPA) regulations that have, since the 1970s, structured decision-making processes at the...more

Akerman LLP

NEPA Requirements Narrowed in New SCOTUS Ruling

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On May 29, 2025, the U.S. Supreme Court (SCOTUS) issued an opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., which narrowed the requirements of environmental review under the National...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Limits Scope of NEPA Reviews, Reinstates Approval of Uinta Basin Railway

In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more

Baker Botts L.L.P.

Pruning NEPA’s Branches: The Supreme Court Reshapes Environmental Reviews for Major Actions

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Over the last half century, federal courts have interpreted the National Environmental Policy Act (NEPA) to require federal agencies to study an ever-growing range of indirect effects and impacts when approving large...more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Troutman Pepper Locke

One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA

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On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more

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

Definition of Harm/Endangered Species Act: EarthJustice Comments Addressing U.S. Fish and Wildlife Service Proposed Rule

The environmental organization Earthjustice submitted May 19th comments to the United States Fish and Wildlife Service and National Marine Fishery Service (collectively, “Services”) addressing their proposed rescission of the...more

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

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Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...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

DLA Piper

CEQ Issues Memorandum on NEPA Implementation: Top Points

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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

Pillsbury Winthrop Shaw Pittman LLP

Council on Environmental Quality Rescinds NEPA Regulations

Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more

Pierce Atwood LLP

CEQ Sounds Death Knell for Existing NEPA Regulations

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The rapid changes relating to NEPA-implementing regulations accelerated this week, as the White House Council on Environmental Quality (CEQ) published an interim final rule (IFR) removing its NEPA regulations from the Code of...more

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