News & Analysis as of

Transportation Industry Environmental Litigation

Mayer Brown

Supreme Court Focuses NEPA Review: Implications for US Infrastructure

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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

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

Oil and Gas Waste/Hazardous Materials Regulations: Environmental Organizations Submit Request for Pipeline and Hazardous Materials...

EARTHJUSTICE on behalf of a number of other organizations submitted a June 4th document to three federal agencies styled: Request for Enforcement of Hazardous Materials Laws in U.S. Oil and Gas Fields (“Request”)....more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

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The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review 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

Jenner & Block

Supreme Court Limits Scope of NEPA’s Analysis of Upstream and Downstream Environmental Impacts of Federal Actions

Jenner & Block on

On May 29, 2025, in a 8-0 ruling (Justice Gorsuch recused himself from the case), the Supreme Court held that the U.S. Court of Appeals for the D.C. Circuit erred in requiring federal regulators to evaluate the potential...more

Perkins Coie

VMT Thresholds Must Be Based on Substantial Evidence Specific to Local Conditions

Perkins Coie on

The County of San Diego’s thresholds for exempting certain projects from vehicle miles traveled (VMT) analysis were not supported by substantial evidence showing they were appropriate specifically for the County. Cleveland...more

Cozen O'Connor

California to Repeal Clean Fleets Regulation Following GOP AGs Challenge

Cozen O'Connor on

A group of 16 Republican AGs, the Arizona legislature, and a trade association announced that as a result of their lawsuit challenging California’s Advanced Clean Fleets regulation, the California Air Resources Board (CARB)...more

Downey Brand LLP

Are Your CEQA Thresholds Supported by Substantial Evidence? Fourth District Rules San Diego County’s Thresholds of Significance...

Downey Brand LLP on

In Cleveland National Forest Foundation v. County of San Diego (2025) 109 Cal. App.5th 1257, the Fourth District Court of Appeal invalidated two thresholds of significance adopted by the County of San Diego (“County”) that in...more

Meyers Nave

Court of Appeal Invalidates County's Vehicle Miles Traveled (VMT) Screening Thresholds for CEQA Review

Meyers Nave on

A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more

Miller Starr Regalia

Fourth District Invalidates San Diego County’s “Infill” And “Small Project” VMT Screening Thresholds As Lacking Substantial...

Miller Starr Regalia on

In a published opinion filed March 27, 2025, the Fourth District Court of Appeal (Div. 1) reversed the trial court’s judgment denying a writ petition, and held that two screening thresholds of significance for vehicle miles...more

K&L Gates LLP

D.C. Circuit Vacates PHMSA's LNG-by-Rail Rule

K&L Gates LLP on

On 17 January 2025, the D.C. Circuit Court of Appeals vacated a 2020 Pipeline and Hazardous Materials Safety Administration (PHMSA) rule—the “Hazardous Materials: Liquefied Natural Gas by Rail Rule” (the LNG-by-Rail...more

Adams & Reese

EPA Greenlights Greenhouse Gas Emissions for Heavy-Duty Vehicles, But States File Lawsuit

Adams & Reese on

Less than a month after the Environmental Protection Agency (EPA) published environmental operational standards and greenhouse gas emission regulations for owners and operators of heavy-duty vehicles, including major freight...more

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

Nossaman LLP on

Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] A Path to Transit and Transportation Project Success in the Wake of the Pandemic: A Panel Discussion Among Legal...

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Please join our interdisciplinary panel of infrastructure, environmental, real estate and eminent domain attorneys for a discussion on planning, procurement and financing strategies that can be implemented now to support...more

Allen Matkins

California Environmental Law & Policy Update - August #2

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Focus - EPA will not approve labels that say Roundup chemical causes cancer - U.S. News & World Report – August 8 - The U.S. Environmental Protection Agency (EPA) announced this Thursday that it will not approve...more

Best Best & Krieger LLP

[WEBINAR] Update on the California Environmental Quality Act: What’s New for 2018

This BB&K webinar provides a brief review of the latest developments in CEQA compliance. This webinar addresses both new CEQA statutory and regulatory requirements, and also discusses recent case law interpretations affecting...more

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