News & Analysis as of

Environmental Impact Statements CEQ Environmental Assessments

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes NEPA Phase II Rulemaking

On May 1, 2024, the White House Council on Environmental Quality (CEQ) finalized a rule to undo most of the remaining 2020 Trump Administration changes to the federal environmental review process under the National...more

Allen Matkins

Significant Changes to the National Environmental Policy Act - 2024 Land Use, Environmental & Natural Resources Update

Allen Matkins on

As part of the Fiscal Responsibility Act (also known as the debt ceiling bill) in June 2023, Congress made the most significant revisions to the National Environmental Policy Act (NEPA) since the statute was enacted in 1970....more

Locke Lord LLP

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

Locke Lord LLP 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

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

Pillsbury - Gravel2Gavel Construction & Real...

Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)

The National Environmental Policy Act (NEPA) was signed into law on January 1, 1970, and it has rarely been amended or revised since then. NEPA is basically a procedural statute which requires Federal permitting authorities,...more

Venable LLP

NEPA Amendments: Highlights and Practical Implications

Venable LLP on

The Fiscal Responsibility Act of 2023 most notably raised the debt ceiling. But the legislation also made substantive changes to the National Environmental Policy Act (NEPA), with an eye toward simplifying and streamlining...more

Pierce Atwood LLP

White House Publishes Guidance on GHGs in Permitting

Pierce Atwood LLP on

On January 9, 2023, the White House Council on Environmental Quality (CEQ) published new interim guidance intended to assist federal agencies in analyzing greenhouse gas (GHG) and climate change effects of project proposals...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

Best Best & Krieger LLP

White House Council on Environmental Quality Finalizes First Phase of NEPA Regulation Revisions

What Changed, What Matters for Local Governments and What’s Next - The White House Council on Environmental Quality has reversed three key Trump administration changes that govern how federal agencies implement the...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

Beveridge & Diamond PC

CEQ Reverses First Set of Trump-Era NEPA Regulatory Reforms

Beveridge & Diamond PC on

On April 20, 2022, the White House Council on Environmental Quality (CEQ) published a final rule rolling back minor regulatory changes to the National Environmental Policy Act (NEPA) review process that it had promulgated in...more

Sullivan & Worcester

Proposed Legislative and Executive Branch Changes to NEPA Process

Sullivan & Worcester on

The procedures associated with the National Environmental Policy Act (NEPA), particularly Environmental Impact Statements (EISs), are undergoing change. On one hand, the Executive Branch under the Biden administration,...more

Foley Hoag LLP - Environmental Law

How To Straighten the Long and Winding Road that We Call NEPA

So CEQ has proposed to amend the NEPA regulations in order to eliminate some of the changes made by the Trump Administration in 2020. Important changes include: • explicit consideration of indirect impacts • renewed...more

Perkins Coie

Managing Conflict: Department of the Interior Implementation of 2020 NEPA Regulations

Perkins Coie on

The secretary of the interior issued two Secretarial Orders on April 16, 2021, that provide early indications of the Biden administration’s approach to the environmental review process for infrastructure projects under the...more

Nossaman LLP

On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know

Nossaman LLP on

In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more

Perkins Coie

Department of Transportation Proposes New NEPA Procedures

Perkins Coie on

The U.S. Department of Transportation has proposed comprehensive changes to update its procedures under the National Environmental Policy Act in response to the Council on Environmental Quality’s July 16, 2020, overhaul of...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: What Else Do You Need to Know?

Nossaman LLP on

This is the eighth 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). The CEQ’s...more

Nossaman LLP

NEPA Rules Rewrite: Potential Impacts on Federal-State Environmental Reviews & Studies

Nossaman LLP on

This is the seventh 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). CEQ’s revised...more

Nossaman LLP

NEPA Rules Rewrite: Revised NEPA Regulations Designed to Influence Litigation

Nossaman LLP on

This is the sixth 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). The CEQ’s...more

Nossaman LLP

NEPA Rules Rewrite: Public Involvement Process

Nossaman LLP on

This is the fifth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations adopted by the Council on Environmental Quality (CEQ) and published in the Federal Register on July 16, 2020. The...more

Holland & Hart LLP

Answers to Key Questions about the Revised CEQ NEPA Regulations

Holland & Hart LLP on

As previously described here, on July 16, 2020, the Council on Environmental Quality (CEQ) issued the first major revisions to its National Environmental Policy Act (NEPA) regulations since 1978, which become effective on...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

Nossaman LLP

NEPA Rules Rewrite: Initiation of the Environmental Impact Statement Process

Nossaman LLP on

This is the second 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). The CEQ’s...more

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