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Bergeson & Campbell, P.C.

EPA’s Office of Research and Development — Villain or Victim?

On July 18, 2025, the U.S. Environmental Protection Agency (EPA) rolled out the “reorganization plan” for its Office of Research and Development (ORD). The stated goal of the plan is to reduce budget expenditures, improve...more

Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

Perkins Coie

Failure to Explain Selection of Project Alternative Violated NEPA and APA

Perkins Coie on

The Ninth Circuit held that the Bureau of Land Management (BLM) acted arbitrarily and capriciously by failing to explain in its Record of Decision why it selected a project alternative that did not meet the development...more

Fox Rothschild LLP

Minnesota Extends Its PFAS-in-Products Reporting Deadline After Significant Public Comments

Fox Rothschild LLP on

After evaluating public comments on its proposed PFAS-in-products reporting rules, the Minnesota Pollution Control Agency (MPCA) has agreed to exercise its authority under section 116.943 of the Minnesota Statutes (Amara’s...more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

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

Carlton Fields

Everything (Including Inconsistent Things) All at Once: The Trump Administration’s Initial Steps Toward Permitting Reform

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President Trump came into office pledging to speed up federal environmental permitting, and he has issued a series of executive orders that touch on some aspect of expediting environmental reviews....more

MG+M The Law Firm

Paper Straws and PFAS: The Policy Shift Behind Executive Order 14208

MG+M The Law Firm on

On February 10, 2025, President Trump authorized Executive Order 14208 (E.O. 14208) revising United States federal policy on paper straw use. E.O. 14208 specifically called on the federal government to stop purchasing paper...more

K&L Gates LLP

Trump Administration Dials Up Deregulation

K&L Gates LLP on

President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward...more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

DLA Piper on

A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

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In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

Allen Matkins on

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

Stinson LLP

Recent Executive Orders Take Aim at Informal Agency Guidance

Stinson LLP on

Earlier this month the Trump Administration issued two executive orders limiting federal agencies’ use of informal guidance documents to regulate conduct. "Informal guidance documents" are generally understood to include...more

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