News & Analysis as of

Environmental Impact Statements Final Rules

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

National Environmental Policy Act/Phase II Final Rule: Arkansas and 19 Attorneys General File Judicial Challenge

Twenty Attorneys General (including Arkansas) filed a judicial challenge on May 21st in the United States District Court for the District of North Dakota to the Council on Environmental Quality (“CEQ”) rule styled: ...more

Venable LLP

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Venable LLP on

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

Stoel Rives - Environmental Law Blog

Federal Government Finalizes Significant Changes to NEPA Regulations

On May 1, 2024, the Council on Environmental Quality (“CEQ”) promulgated the Bipartisan Permitting Reform Implementation Rule (“Final Rule”), 89 Fed. Reg. 35,442 (May 1, 2024), which is better known as Phase 2 of the Biden...more

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

Concentrated Animal Feeding Operations/National Environmental Policy Act: Federal Court Addresses Challenge to Farm Service Agency...

A United States District Court (District of Columbia) (“Court”) in a March 4th Opinion addressed the Farm Service Agency’s (“FSA”) compliance with the National Environmental Policy Act (“NEPA”). See Dakota Rural Action, et...more

Orrick, Herrington & Sutcliffe LLP

CEQ’s Phase I NEPA Revisions: a Partial Rollback of 2020 Rules

On April 20, 2022, the Council on Environmental Quality (“CEQ”) published a final rule revising the primary regulations implementing the National Environmental Policy Act (“NEPA”). The final rule largely restored provisions...more

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

Downey Brand LLP on

On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

Foley Hoag LLP - Environmental Law

CEQ Finalizes Phase I NEPA Regulations: Undoing Trump’s Regulations Is One Thing; Modernizing NEPA Is Another

Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations.  The final rule largely implements the proposed rule, though with some minor changes.  Since the final rule...more

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

Migratory Bird Treaty Act: U.S. Fish and Wildlife Service Finalizes Rule Defining the Scope of the Act

The United States Fish and Wildlife Service (“USFWS” or “the Service”) recently announced the final rule defining “the scope of the Migratory Bird Treaty Act (“MBTA” or “Act”) as it applies to conduct resulting in the injury...more

Perkins Coie

Forest Service Releases Narrowly Tailored Update to Its NEPA Procedures

Perkins Coie on

The U.S. Forest Service has released narrowly tailored changes to update its procedures under the National Environmental Policy Act, in the wake of the Council on Environmental Quality’s recent overhaul of the NEPA...more

Pillsbury Winthrop Shaw Pittman LLP

NRC Commissioners Adopt a Generic Environmental Impact Statement for Advanced Nuclear Reactors, Following Approaches Outlined in...

On September 21, 2020, the Nuclear Regulatory Commission (NRC) announced that it has approved the development of a generic environmental impact statement (GEIS) for the construction and operation of advanced nuclear reactors...more

Nossaman LLP

NEPA Rules Rewrite: What's Next?

Nossaman LLP on

This is the final in our series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more

Nossaman LLP

NEPA Rules Rewrite: Content of NEPA Documents Under New CEQ Rules

Nossaman LLP on

This is the fourth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 (Final Regulations) by the Council on Environmental Quality...more

Nossaman LLP

NEPA Rules Rewrite: Categorical Exclusions and Environmental Assessments

Nossaman LLP on

This is the third in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020 by the Council on Environmental Quality (CEQ) (“Final Rule”)....more

Sheppard Mullin Richter & Hampton LLP

Final Revisions to NEPA Regulations: Six Highlights from Major Rule Overhaul

The White House Council on Environmental Quality (CEQ) recently published a final rule (Rule) revising the implementing regulations for the National Environmental Quality Act (42 U.S.C. § 4321 et seq ) (NEPA). Touted as the...more

Pillsbury Winthrop Shaw Pittman LLP

Trump Administration Finalizes Updates to NEPA Regulations

The final NEPA rule substantially revises environmental review procedures and incorporates most of the perceived controversial changes proposed last January, including elimination of cumulative impact analysis, and shortening...more

Pillsbury Winthrop Shaw Pittman LLP

Generational Reform of the National Environmental Policy Act Has Weighty Implications for the Nuclear Industry

On July 15, 2020, the White House Council on Environmental Quality implemented sweeping amendments to modernize and streamline NEPA environmental reviews. These amendments stand to have a trickle-down effect on the nuclear...more

Faegre Drinker Biddle & Reath LLP

White House Updates Bedrock Environmental Rules, Setting Up Legal, Legislative Battle Over Energy, Infrastructure Permitting

On July 15, 2020, the White House released the long-anticipated Final Rule entitled, “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act (NEPA).” According to the White...more

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

National Environmental Policy Act: Council on Environmental Quality Issues Final Revisions

The Council on Environmental Quality (“CEQ”) on July 15th promulgated for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act (“NEPA”). CEQ was established in 1970...more

Bracewell LLP

Trump Administration Publishes Final Revisions to NEPA Regulations

Bracewell LLP on

On July 16, 2020, the White House Council on Environmental Quality (“CEQ”) published its much anticipated final rule revising the regulations implementing the National Environmental Policy Act (“NEPA”). Since taking office,...more

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