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Environmental Impact Statements Environmental Assessments Greenhouse Gas Emissions

Latham & Watkins LLP

UK Supreme Court Requires EIAs to Consider Likely Direct and Indirect Environmental Effects on Climate if Readily Quantifiable

Latham & Watkins LLP on

Finch v. Surrey calls for assessment of all likely direct and indirect environmental effects in EIAs, including certain Scope 3 emissions if a reasonable estimate is feasible. On 20 June 2024, the UK Supreme Court (the...more

Akin Gump Strauss Hauer & Feld LLP

Downstream GHG Emissions to be Taken into Account in Planning Decisions

In a decision with far-reaching implications, the UK Supreme Court has determined that a grant of planning permission for oil production was unlawful for failing to take into account downstream greenhouse gas (GHG) emissions...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

Downey Brand LLP

New NEPA Rule Restores Demanding Environmental Review Practices for Major Federal Projects

Downey Brand LLP on

On April 19, 2022, the Biden administration finalized a new rule (“Final Rule”) rolling back the Trump administration’s 2020 changes limiting the scope of the National Environmental Policy Act (NEPA). The Final Rule...more

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

Voluntary Groundwater Pumping Program/U.S. Bureau of Reclamation: Federal Court Addresses National Environmental Policy Act...

A United States District Court (“E.D. California”) (“Court”) addressed in a September 14th Order a National Environmental Policy Act (“NEPA”) challenge to a groundwater extraction project in the Sacramento River Valley. See...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

Perkins Coie

FERC Announces GHG Emissions Assessments in Pipeline Certificate Proceedings

Perkins Coie on

On March 22, 2021, FERC took a step toward reforming the way in which it analyzes greenhouse gas emissions for purposes of natural gas pipeline certificates. However, FERC did so via a certificate order rather than a revised...more

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