News & Analysis as of

National Environmental Policy Act U.S. Department of Agriculture

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

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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

Bergeson & Campbell, P.C.

APHIS Amends Regulations to Conform to Vacatur of SECURE Rule

On June 16, 2025, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a final rule making technical amendments to the Code of Federal Regulations (C.F.R.) to conform the...more

ArentFox Schiff

Trump Executive Orders Signal Potential Changes in Environmental Policy Impacting Agriculture

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The new Administration under President Trump is now over a month old, but there remains some uncertainty as to how the Administration will approach agricultural policy. The Administration’s first wave of environmental...more

Hogan Lovells

Federal District Judge Vacates Key Provisions of U.S. Department of Agriculture Regulations Governing Path to Market for...

Hogan Lovells on

In 2021, a group of NGOs challenged critical provisions of U.S. Department of Agriculture (USDA) regulations governing the path to market for new genetically engineered plants (GE plants), including plants developed using...more

Holland & Hart LLP

Conservation Plans for Old-Growth Forests May Affect National Forest Permitting

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The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more

ArentFox Schiff

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

ArentFox Schiff on

The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...more

Akin Gump Strauss Hauer & Feld LLP

Earth Week Recap and Climate Policy Update

Last Friday as the United States celebrated Earth Day, President Biden released a proclamation and signed a new executive order to strengthen domestic and international forest protection commitments...more

Wiley Rein LLP

USDA and Mexico Actions Impact Genetically Engineered Foods in the United States

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Two contrasting regulatory decisions by authorities in the United States and Mexico highlight the continued progress toward, and challenges to, the development of science and evidence based regulatory policies applicable to...more

Nossaman LLP

Environmental Groups’ NEPA Challenge to USDA Wolf Killing Survives

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On April 23, 2019, the U.S. Court of Appeals for the Ninth Circuit found that environmental groups have standing to challenge the federal government’s killing of gray wolves in Idaho without conducting additional analysis...more

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

Confined Animal Feeding Operations: Arkansas Environmental Organization Joins Challenge to USDA Rule Changes for Loans to...

The White River Waterkeeper, of Arkansas, recently joined other environmental and animal rights advocacy organizations to file a lawsuit challenging the U.S. Department of Agriculture (USDA) Farm Service Agency’s (FSA) 2016...more

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

Wildlife Damage Management/National Environmental Policy Act: U.S. District Court (D. Idaho) Addresses Whether EIS Required

The United States District Court (“D. Idaho”) addressed in a June 22nd Memorandum Decision and Order (“Order”) a National Environmental Policy Act (“NEPA”) issue raised in connection with a U.S. Department of Agriculture...more

Bergeson & Campbell, P.C.

APHIS/USDA Prepare to Revise Regulations Pertinent to Genetically Engineered Organisms

The United States Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) signaled on late June 29, 2018, its intent to prepare a “programmatic environmental impact statement (EIS) in connection...more

Akin Gump Strauss Hauer & Feld LLP

American Indian Law and Policy: 10 Things You Need to Know - January 2018

January 2018 marked the beginning of year two of the Trump Presidency and the second session of the 115th Congress. Congress came back into session on January 3 after recessing for the December holidays. With the passage of...more

Holland & Knight LLP

USDA Environmental Policies Final Rule Clarifies NEPA Stance for RUS Borrowers

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The U.S. Department of Agriculture (USDA) on March 2, 2016, issued a Final Rule on its Environmental Policies and Procedures (7 CFR Parts 25, 1701, 1709, et al.) that will affect actions by four agencies within USDA,...more

Beveridge & Diamond PC

USDA Declares “Do-Over” on Overhaul of Biotechnology Regulations

The U.S. Department of Agriculture’s (“USDA”) Animal and Plant Health Information Service (“APHIS”) is renewing efforts to amend or replace its existing rules governing plant-based biotechnology, while highlighting possible...more

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