On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
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
The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more
On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more
On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National...more
The two-judge majority opinion in Marin Audubon Society v. Federal Aviation Administration effectively invalidates the White House Council on Environmental Quality’s (CEQ’s) longstanding regulations implementing the National...more
This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published notice in the Federal Register of a final rule amending its regulations implementing the National Environmental Policy Act (NEPA). The final...more
This is the fifth in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council for Environmental Quality (CEQ). The Final Rule...more
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”). The Phase 2 Rule is the culmination of the...more
This is the third in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more
This is the second in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more
Introduction On May 1, the White House Council on Environmental Quality (“CEQ”) published its Final Rule implementing revisions to the National Environmental Policy Act (“NEPA”)—better known as Phase 2 (the “Final Rule”)....more
On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more
On May 1, 2024, the White House Council on Environmental Quality (CEQ) published its Bipartisan Permitting Reform Implementation Rule (Rule), which is also known as the Phase 2 National Environmental Policy Act (NEPA) rule....more
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
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
Environmental Justice: 2023 Year in Review and 2024 Look-Ahead - As a concept, Environmental Justice, or EJ, has been around for more than 40 years. Beginning as a slogan at protests in Warren County, NC in 1982, EJ...more
Several recent proposals impacting implementation of the National Environmental Policy Act ("NEPA") demonstrate a renewed focus on considering climate change in federal decision-making. In July, the Council on Environmental...more
It is clear that these have been busy months for federal environmental regulators, especially those working at EPA, the federal departments and the Council on Environmental Quality. Even the Department of Agriculture has...more
Background - The Council on Environmental Quality (CEQ) recently released a notice of proposed rulemaking (NOPR) for Phase II of the National Environmental Policy Act (NEPA) rulemaking process, titled the “Bipartisan...more
On July 31, 2023, the White House Council on Environmental Quality (CEQ) proposed to update its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. Reflecting the increasingly...more
The White House’s Council on Environmental Quality (CEQ) has proposed a rule that would streamline and accelerate the permitting process for new renewable power facilities, as the U.S. looks to decarbonize its energy mix....more
On July 31, 2023, the Council on Environmental Quality (“CEQ”) proposed the Bipartisan Permitting Reform Implementation Rule (“Proposed Rule”), 88 Fed. Reg. 49,924 (July 31, 2023), which is better known as Phase 2 of the...more
On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal...more