News & Analysis as of

Environmental Impact Report (EIR) National Environmental Policy Act Clean Water Act

Mintz

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

Mintz on

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

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

Building United States Infrastructure Through Limited Delays/Efficient Reviews Act of 2023: U.S. Committee on Natural Resources...

The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more

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

Wetland Mitigation Credits/Government Contract: Federal Appellate Court Addresses Contractor Request for Equitable Adjustment

The United States Court of Appeals (Federal Circuit) (“Appellate Court”) addressed in an August 26th Opinion a dispute regarding certain costs associated with a Federal Highway Administration (“FHA”) road design and...more

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

National Environmental Policy Act: Council on Environmental Quality Proposed Revisions

The Council on Environmental Quality (“CEQ”) on January 10th published a Federal Register Notice promulgating for the first time in 40 years revisions to the regulations that implement the National Environmental Policy Act...more

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

Proposed Methanol Manufacturing/Shipping Terminal (Kalama, Washington): Sierra Club Files National Environmental Policy Act...

The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more

Gray Reed

Not Everybody Can Sue the EPA

Gray Reed on

That’s a good thing if you like what the EPA is doing, not so much if you are its sworn enemy. In Center for Biological Diversity v. US EPA the plaintiff did not have standing so sue the EPA over the granting of a water...more

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

National Environmental Policy Act Procedures: U.S. Department of Transportation Announces Two Interim Policies

The United States Department of Transportation (“DOT”) published an August 23rd Federal Register Notice announcing the availability of two interim policies for public comment. See 84 Fed. Reg. 44351. ...more

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

Hot Springs Bypass Project (Arkansas): U.S. Army Corps of Engineers (Little Rock District) Public Notices Arkansas Department of...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued an August 22nd Public Notice (“Notice”) referencing a Clean Water Act Section 404 permit application that had been submitted by the Arkansas...more

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

Memphis Metropolitan Stormwater Management Project: U.S. Army Corps of Engineers August 9th Public Notices Intent to Prepare a...

The United States Army Corps of Engineers (Memphis District) (“Corps”) published an August 9th Federal Register Notice stating its intent to prepare a Draft Integrated Feasibility Report and Environmental Impact Statement...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Pillsbury - Gravel2Gavel Construction & Real...

Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River

On March 1, the U.S. Court of Appeals for the District of Columbia decided National Parks Conservation Assoc. v. Todd T. Simonite, Lieutenant General, et al. The case involves an application to the U.S. Army Corps of...more

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

Proposed Upgrades to Two New England Natural Gas Pipeline Systems Upgrades: D.C. Circuit Court of Appeals Addresses Challenge to...

The United States Court of Appeals (District of Columbia Circuit) (“Court”) in a December 27th Judgment addressed an appeal of the Federal Energy Regulatory Commission (“FERC”) approval of proposed upgrades to two New England...more

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

Aviation Forecasting/National Environmental Policy Act: Federal Appellate Court Addresses Challenge to Federal Aviation...

The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a December 18th decision a challenge pursuant to the National Environmental Policy Act (“NEPA”) to the Federal Aviation Administration’s (“FAA”)...more

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

National Environmental Policy Act: Federal Transportation Agencies' Revised Review Processes are Effective Today

Effective today, the Federal Highway Administration (“FHWA”), Federal Transit Administration (“FTA”), and Federal Railroad Administration (“FRA”) begin operating with amended regulations to implement the purposes and...more

Perkins Coie

Federal Appeals Court Rejects Challenges to Newhall Ranch EIS and Section 404 Permit

Perkins Coie on

In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more

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

Should FERC Have Exercised Jurisdiction Over an Intrastate Pipeline Segment?: D.C. Court of Appeals Decision

The D.C. Circuit Court of Appeals (“Court”) in a July 17th opinion addressed a challenge to two Federal Energy Regulatory Commission (“Commission”) Orders authorizing facilities to export natural gas from the United States to...more

Foley Hoag LLP - Environmental Law

Trump’s Infrastructure Plan — Environmental Reviews, They Are a-Changin’

President Trump’s infrastructure plan includes a number of important proposals. My initial reaction is consistent with my view of many of the President’s initiatives – he gives regulatory reform a bad name. We do need to...more

McGuireWoods LLP

What to Expect in Environmental Regulation for 2018

McGuireWoods LLP on

Deregulation was one of the primary promises of President Trump’s campaign, and the administration has been keeping that promise, particularly as it relates to environmental regulations. Rule rollbacks are on a fast track...more

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

Proposed Bayou Bridge Pipeline/Louisiana: Environmental Organizations File Federal District Court Challenge to U.S. Corps of...

A number of environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”)in the United States District Court for Middle District of Louisiana challenging certain federal permits and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Perkins Coie

Executive Order Aims to Speed Up Environmental Reviews of Infrastructure Projects

Perkins Coie on

President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

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