News & Analysis as of

Environmental Impact Statements US Army Corps of Engineers

Downey Brand LLP

Army Corps of Engineers Publishes Draft Agency Specific Procedures To Implement The Principles, Requirements, and Guidelines for...

Downey Brand LLP on

Our April 26, 2023 article noted that the Principles, Requirements, and Guidelines (PR&G) are about money. The Federal government has a lot of money. Even in an era of budget cutting, it still has a lot of money, and it...more

Perkins Coie

BOEM Announces First Regional Environmental Analysis of Offshore Renewable Energy

Perkins Coie on

The Bureau of Ocean Energy Management (BOEM) published its notice of intent (NOI) on Friday, July 15, 2022, to prepare a programmatic environmental review to analyze the potential impacts of wind energy development activities...more

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

I-30 Widening - Reconstruction/National Environmental Policy Act: U.S. District Court (E.D. Arkansas) Addresses Cross Motions for...

United States District Court Judge James M. Moody (“Court”) addressed in a March 31st Order an allegation by Plaintiffs (seven neighborhood associations) that the expansion of I-30 interstate violated the National...more

WilmerHale

Recent Developments in EJ Enforcement and Permitting

WilmerHale on

The Biden Administration’s “whole of government” approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and environmental review strategies that could affect...more

King & Spalding

EPA, FERC and the Army Corps Weigh in on the Social Costs of Carbon and Environmental Justice in Project Development

King & Spalding on

Historically, environmental issues have been front and center for major project development throughout the world. But for projects in the United States, the Environmental Protection Agency’s (EPA) increased focus on the...more

Foley Hoag LLP - Environmental Law

When the Music’s Over, Turn Off the Dakota Access Pipeline

Last week, the District of Columbia Court of Appeals affirmed vacatur of the easement issued to the Dakota Access Pipeline by the Army Corps of Engineers. As I noted last month in connection with the Biden Executive Order...more

Morgan Lewis - Power & Pipes

The Hits Keep Coming: DC Circuit Vacates Dakota Access Pipeline’s Federal Easement

It’s been a difficult several days for the oil industry. First, the Biden administration revoked the border-crossing permit for the Keystone XL pipeline on January 20. Another executive order, among other things, directed the...more

Williams Mullen

NEPA Challenges to Permits Lead to Project Delays

Williams Mullen on

The United States District Court for the Western District of Washington recently entered an order vacating U.S. Army Corps of Engineers permits issued pursuant to the Clean Water Act (CWA) and Rivers and Harbors Act (RHA)....more

Pillsbury Winthrop Shaw Pittman LLP

Trump Administration Finalizes Updates to NEPA Regulations

The final NEPA rule substantially revises environmental review procedures and incorporates most of the perceived controversial changes proposed last January, including elimination of cumulative impact analysis, and shortening...more

Jackson Walker

Court Orders Dakota Access Pipeline Shut Down

Jackson Walker on

On July 6, 2020, Judge James E. Boasberg of the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline (the Pipeline) be shut down and emptied by August 5, 2020. The decision...more

(ACOEL) | American College of Environmental...

Pandemic Snapshot: Injustice in Salmon Country

Faced with the global pandemic, Bristol Bay’s people, tribes and communities sprung quickly into action. Bristol Bay, Alaska, has roughly 7,000 year-round residents in 31 villages and communities spread over an area larger...more

(ACOEL) | American College of Environmental...

Cleaning Up Nature: The Swift Creek Conundrum

Swift Creek. The name evokes a clear, fast-moving mountain stream.  The Swift Creek at issue, however, is hardly clear or swift for most of its length.  A massive, mile-long landslide hangs at the head of its southern...more

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