News & Analysis as of

Environmental Impact Statements National Environmental Policy Act CEQ

Holland & Knight LLP

Council on Environmental Quality Substantially Rewrites NEPA Regulations

Holland & Knight LLP on

The Council on Environmental Quality (CEQ) on May 1, 2024, published its Phase II regulations1 under the National Environmental Policy Act (NEPA).2 As part of a multiphase effort to amend the NEPA regulations that straddled...more

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

Cozen O'Connor

Democratic AGs Support CEQ Reinstatement of NEPA Regulations

Cozen O'Connor on

A coalition of 18 Democratic AGs filed a comment letter in support of the U.S. Council on Environmental Quality’s (CEQ) notice of proposed rulemaking revising its regulations implementing the National Environmental Policy Act...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Vinson & Elkins LLP

DOE Proposed Rule “Coordination of Federal Authorizations for Electric Transmission Facilities”

Vinson & Elkins LLP on

In a concerted effort to meet the Biden administration’s aggressive carbon-reduction goals, the Department of Energy (“DOE”) unveiled a pre-publication copy of a forthcoming proposed rule on August 10, 2023, aimed at...more

K&L Gates LLP

The White House Continues to Advance NEPA Reform with CEQ's Proposed NEPA Phase Two

K&L Gates LLP on

The White House Council on Environmental Quality (CEQ) issued a proposed rulemaking on 31 July 2023 to implement Congress’s updates to the National Environmental Policy Act (NEPA) recently enacted in the Fiscal Responsibility...more

Faegre Drinker Biddle & Reath LLP

CEQ Proposes New NEPA Regulations: More Public Engagement and More Clean Energy Projects

Background - On July 31, 2024, the Council on Environmental Quality (CEQ) published their proposed Phase 2 of their National Environmental Policy Act (NEPA) regulations known as the Bipartisan Permitting Reform...more

ArentFox Schiff

Biden Administration Proposes Significant Changes to Regulations Implementing the National Environmental Policy Act

ArentFox Schiff on

The energy transition and increased public focus on environmental issues have strained the existing regulatory regime including the National Environmental Policy Act (NEPA). NEPA directs agencies to conduct environmental...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

Akin Gump Strauss Hauer & Feld LLP

CEQ’s Interim Guidance on GHG and Climate Change: Considerations for FERC-Regulated Natural Gas Infrastructure Developers

The Council on Environmental Quality (CEQ) recently issued interim “National Environmental Policy Act (NEPA) Guidance on Consideration of Greenhouse Gas (GHG) Emissions and Climate Change” (the “Interim Guidance”) to assist...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

Robinson+Cole Environmental Law +

CEQ Takes Action to Restore Pre-2020 NEPA Regulations

This post is part of an ongoing series covering the Biden administration’s efforts pursuant to Executive Order 13990 to repeal and replace regulations adopted during the Trump administration. ...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

A&O Shearman

The White House Proposes to Strengthen National Environmental Policy Act

A&O Shearman on

On October 6, 2021, The White House set forward a proposal that would effectively undo the 2020 Regulations, which were promulgated in response to the Trump Administration’s EO 13807 and represented the first major revision...more

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

National Environmental Policy Act: Council of Environmental Quality Proposal to Withdraw Trump Era Rules

The Council on Environmental Quality published in the October 7th Federal Register at Notice of Proposed Rulemaking (“NPR”) to withdraw certain Trump Administration revisions to its National Environmental Policy Act (“NEPA”)...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

Latham & Watkins LLP

CEQ Issues Report to Congress on CCUS

Latham & Watkins LLP on

CEQ report calls for widespread CCUS deployment to achieve climate goals. On June 30, 2021, the White House Council on Environmental Quality (CEQ) issued a report to Congress that outlines a framework for how the US can...more

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