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Environmental Assessments Environmental Policies

Allen Matkins

White House Council on Environmental Quality Releases Draft NEPA Template Following CEQ’s Rescission of Longstanding Regulations

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Last week, several news outlets reported that the White House Council on Environmental Quality (CEQ) circulated a draft template dated April 8, 2025 among federal agencies to assist in updating their procedures for...more

Mayer Brown

ICMBio Updates Rules on Intervention in Environmental Licensing

Mayer Brown on

On April 3, 2025, Brazil’s Federal Environmental Agency for the protection of Conservation Units (“ICMBio”) published Normative Instruction No. 16/2025, modifying the procedures regulating its role as an intervening agency in...more

Wenning Environmental

Will damage, impact, and risk assessment get “DOGE’d”?

Wenning Environmental on

President Trump’s January 31, 2025, executive order (EO), Unleashing Prosperity Through Deregulation, and the White House Council on Environmental Quality (CEQ) February 25 interim final rule removing CEQ regulations...more

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

Livestock Grazing/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to U.S. Forest Service Allotments

The United States Court of Appeals, 9th Circuit (“9th Circuit”) addressed in a February 11th Memorandum a challenge to a United States Forest Service (“Service”) action pursuant to the National Environmental Policy Act...more

Benesch

Greener Pastures Ahead? California’s Fashion Environmental Accountability Act of 2025

Benesch on

Fashion-related environmental legislation is, well, in fashion. And, as with many consumer-related issues, California continues to be a trendsetter....more

Holland & Hart LLP

Two Pivotal Montana Supreme Court Decisions Impact Industry

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On Friday, January 3, 2025, the Montana Supreme Court issued a decision in MEIC v. DEQ (Laurel Generating Station), its second major decision on the Montana Environmental Policy Act (MEPA) in the last few weeks that affects...more

Schwabe, Williamson & Wyatt PC

A More Modest Procedure? — The Supreme Court Considers Limiting the Scope of ‎‎“Reasonably Foreseeable” Impacts in NEPA Analysis

Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado et al. ‎ On Tuesday, December 10, the Supreme Court heard arguments in a case that could redefine what constitutes a “reasonably foreseeable”...more

Holland & Knight LLP

Adding Fuel to the Fires Calling for Permitting Reform

Holland & Knight LLP on

In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more

Snell & Wilmer

CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations

Snell & Wilmer on

In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the...more

Beveridge & Diamond PC

DC Circuit Sua Sponte Holds that CEQ Cannot Impose Binding NEPA Regulations

Beveridge & Diamond PC on

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

Morgan Lewis

DC Circuit Issues Landmark Ruling Holding CEQ Lacks Authority to Issue NEPA Regulations

Morgan Lewis on

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

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

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order Addressing...

The Tennessee Department of Environment and Conservation (“TDEC”) issued an October 9th Proposed Order and Assessment (“Order”) to RMK LLC. See Case No. FDA24-0044. RMK is stated to be the owner of two underground storage...more

King & Spalding

Following Finch: Planning Permission for Coal Mine Quashed

King & Spalding on

In the recent case of Friends of the Earth v Secretary of State for Levelling Up, Housing & Communities & others; South Lakeland Action on Climate Change v Secretary of State for Levelling Up, Housing & Communities & others...more

Bennett Jones LLP

Environmental Assessment Dispute Resolution Regulations Officially Announced in British Columbia

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On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more

(ACOEL) | American College of Environmental...

Should Environmentalists Welcome Declining Birthrates?

The annual release of projections for how long the Social Security trust funds will be able to pay the amounts earned by beneficiaries shows that the gap has grown between what retirees are scheduled to receive and what...more

Stoel Rives - Renewable + Law

Council on Environmental Quality Publishes Final Rule Substantially Amending NEPA

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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – What Else Has Changed?

Nossaman LLP on

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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Public Engagement

Nossaman LLP on

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

Vinson & Elkins LLP

The New NEPA Regulations: What You Need to Know About the “Significant Effects” the Final Phase 2 Rule Could Have on Permitting...

Vinson & Elkins LLP on

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

Nossaman LLP

National Environmental Policy Act Regulations: Phase 2 – Streamlining NEPA Review

Nossaman LLP on

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

Blake, Cassels & Graydon LLP

Répartition des compétences : Modifications proposées à la Loi sur l’évaluation d’impact du Canada

Le gouvernement fédéral du Canada (le « gouvernement fédéral ») propose d’apporter des modifications à la Loi sur l’évaluation d’impact (la « LEI ») qui, d’après lui, visent à garantir la solidité de celle-ci sur le plan...more

Troutman Pepper Locke

Trust the Process? CEQ’s NEPA Phase II ‎Regulations a Mixed Bag and a Missed ‎Opportunity

Troutman Pepper Locke on

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

Blake, Cassels & Graydon LLP

Balancing Jurisdictions: Proposed Changes to Canada's Impact Assessment Act

The Government of Canada has proposed amendments to the federal Impact Assessment Act (IAA) it says are intended to ensure the IAA is constitutionally sound while balancing environmental protection and development goals....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

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