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Trump Administration Makes Move to Expand Critical Mineral Production Through Deep-Sea Mining

On April 24, 2025, the Trump Administration issued an Executive Order aimed at fast-tracking deep-sea mining. ...more

Trump Administration Makes Move To Build AI Infrastructure on Federal Lands

The Trump administration’s efforts to satisfy the United States’ need for artificial intelligence (AI) infrastructure further advanced when the U.S. Department of Energy (DOE or department) issued an anticipated Request for...more

Trump Administration Takes Next Step To Advance Domestic Mineral Production

Continuing the administration’s strategy to enhance domestic mining and processing of minerals and to minimize the United States’ reliance on imports, on March 20, 2025, President Donald Trump issued Executive Order (EO)...more

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

NEPA Practice Without CEQ Regulations

By directing the Council on Environmental Quality (CEQ) to propose rescinding CEQ’s National Environmental Policy Act (NEPA) regulations, President Donald Trump’s executive order on “Unleashing American Energy” affects not...more

DC Circuit Rejects CEQ’s Rulemaking Authority

A split panel of the U.S. Court of Appeals for the D.C. Circuit landed an unexpected blow on the White House Council on Environmental Quality (CEQ) on November 12, ruling that CEQ lacked authority to promulgate its umbrella...more

Full Speed Ahead—BOEM’s Offshore Wind Leasing Strategy Sailing Toward Full Implementation in 2024

Notwithstanding supply chain challenges, canceled power purchase agreements, and general economic and political uncertainty, the Bureau of Ocean Energy Management (BOEM) has continued its push to implement its renewable...more

SCOTUS To Review the Scope of Agencies’ NEPA Review

The Supreme Court of the United States announced on June 24, 2024, that it will review a case that could have major ramifications for the development of U.S. infrastructure projects. In Seven County Infrastructure Coalition...more

CEQ Finalizes NEPA Phase Two Rulemaking

The Council on Environmental Quality (CEQ) finalized its Phase Two revisions to its National Environmental Policy Act (NEPA) implementing regulations on April 30, 2024, following an effort initiated in 2021 to “revise,...more

Oregon Offshore Wind Watch—BOEM Publishes Proposed Sale Notice and Draft Environmental Assessment

The Bureau of Ocean Energy Management (BOEM) published a proposed sale notice for an offshore wind energy lease auction in Oregon on May 1, 2024.[1] The Oregon lease sale is anticipated to occur in October 2024. Comments on...more

BLM Proposes Updated Plan To Streamline Solar Development in the West

The U.S. Bureau of Land Management (BLM) announced on January 17, 2024, the publication of its draft Programmatic Environmental Impact Statement (PEIS) to help streamline and accelerate utility-scale solar energy development...more

BOEM Announces Draft Regional Environmental Analysis of Offshore Wind Energy in New York Bight

The Bureau of Ocean Energy Management (BOEM) published the Notice of Availability on January 12, 2024, for the draft programmatic environmental impact statement (PEIS) on offshore wind energy development activities in the New...more

BOEM Announces Regional Environmental Analysis of Floating Wind Energy Development Offshore California

The Bureau of Ocean Energy Management (BOEM) published on December 20, 2023, its notice of intent (NOI) to prepare a Programmatic Environmental Impact Statement (PEIS) of reasonably foreseeable impacts of floating offshore...more

DOE Proposes Rule for More Efficient Environmental Review of Clean Energy Projects

The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its...more

Council on Environmental Quality Proposes Phase Two Revision to Its NEPA Implementing Regulations

The Council on Environmental Quality (CEQ) has proposed further amendments to its National Environmental Policy Act (NEPA) implementing regulations as part of its phased rulemaking initiated in 2021. The proposed Bipartisan...more

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

Substantive NEPA Amendments in the Debt Ceiling Bill

President Joe Biden signed into law the Fiscal Responsibility Act of 2023 (FRA), colloquially referred to as the Debt Ceiling Bill, on June 3, 2023.[1] The legislation completes a bipartisan agreement to suspend the public...more

Biden Administration Takes Steps To Accelerate Transmission Permitting

The Biden administration (the Administration) has set ambitious goals to reduce U.S. greenhouse gas emissions to at least 50% below 2005 levels by 2030 and to reach net-zero emissions by 2050. To achieve these ends, the...more

The High Seas Treaty: A Historic Agreement To Protect International Waters

All Member States of the United Nations (UN) Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) reached an agreement on March 4, 2023, regarding an international treaty governing...more

CEQ Issues Guidance on Evaluating Greenhouse Gas and Climate Change Effects Under NEPA

The Council on Environmental Quality (CEQ) published guidance on January 9, 2023, regarding how to evaluate greenhouse gas (GHG) emissions and climate change under the National Environmental Policy Act (NEPA), which requires...more

BLM To Accelerate Solar Energy Development on Public Lands in the West

Secretary of the Interior Deb Haaland announced on December 5, 2022, that the U.S. Bureau of Land Management (BLM) will develop an updated Solar Programmatic Environmental Impact Statement (PEIS) to help guide solar energy...more

BOEM Conducts First-Ever California Offshore Wind Lease Sale

On December 6-7, 2022, the Bureau of Ocean Energy Management (BOEM) held its third offshore wind lease sale this year—and the first of its kind for floating wind—bringing in $757.1 million from five lease areas off the...more

White House Releases Version 1.0 of Climate and Economic Justice Screening Tool

The Biden-Harris administration launched Version 1.0 of its Climate and Economic Justice Screening Tool (CEJST) on Tuesday, November 22, 2022. This tool is a key component of the administration’s environmental justice...more

Draft North Atlantic Right Whale and Offshore Wind Strategy Announced

As the Bureau of Ocean Energy Management (BOEM) has ramped up offshore wind development to meet the Biden-Harris administration’s goal of generating 30 gigawatts of offshore wind by 2030, the question of how the expansion of...more

BOEM Releases Final Sale Notice for California Offshore Wind Lease Sale

The Bureau of Ocean Energy Management (BOEM) issued its Final Sale Notice (FSN) on October 18, 2022, for the first offshore wind energy leases on the west coast of the United States. With the lease sale scheduled for December...more

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