Project Catalyst: An Economic Development Podcast | Episode 9: The Role of Railways in Economic Development with Brian Gwin of Norfolk Southern
A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more
On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more
Seven County Infrastructure Coalition et al. v. Eagle County, Colorado, et al. The U.S. Supreme Court recently clarified the scope of federal agency review requirements under the National Environmental Policy Act (“NEPA”)...more
In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more
In 1984, while Ronald Reagan was securing a landslide reelection and Apple introduced the Macintosh, the Railroad Commission of Texas (RRC) last updated the state’s primary oil and gas waste regulations. Now, four decades...more
El Ministerio de Ambiente y Desarrollo Sostenible (MADS o MinAmbiente) de Colombia publicó para comentarios el Proyecto de Decreto que pretende modificar y adicionar el Decreto 1076 de 2015 en el sentido de flexibilizar las...more
On April 27, 2023, the California Air Resources Board ("CARB") approved a first-in-the-nation regulation that limits the emission of greenhouse gases, criteria pollutants, and toxic air contaminants from locomotives in the...more
As noted in Part 1, during the presidential campaign, candidate Joe Biden called for "Sparking the second great railroad revolution." Biden pledged to "make sure that America has the cleanest, safest, and fastest rail system...more
The United States Surface Transportation Board (“STB”) instituted a Declaratory Order proceeding on February 19th that will address whether 49 U.S.C. 10501(b): . . . preempts the Clean Water Act’s (CWA) discharge...more
CARB Holds Public Workshops to Develop Measures to Reduce Railyard and Locomotive Emissions - The California Air Resources Board (CARB) recently held a series of public meetings and workshops to develop concepts to reduce...more
• The Clean Water Act imposes permitting obligations on "point sources." • Should those obligations apply to railroad cars, which move freely from state to state? • The U.S. railroad industry has asked the Surface...more
The Subcommittee on Highways and Transit and Subcommittee on Railroads, Pipelines, and Hazardous Materials of the United States House of Representatives (“Subcommittee”) held a hearing on December 5th titled: Where’s My...more
A Summary of Published Appellate Opinions Under the California Environmental Quality Act - The California Supreme Court issued its only CEQA opinion of 2018 at the end of the year. In Sierra Club v. County of Fresno, the...more
Once again, shale oil and gas production dominated energy headlines in 2014, with a number of key economic, political, and legal developments making news across the country. Bolstered by technologies like hydraulic...more