Navigating Environmental Restrictions on Alternative Project Delivery for Complex Infrastructure Projects
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Hot Topics for Waste-to-Energy Investors and Developers
President Donald Trump signed an executive order (EO), "Reinvigorating America’s Beautiful Clean Coal Industry and Amending Executive Order 1424," on April 8, 2025, that places coal at the center of the administration's...more
A California court of appeal has held that a lead agency conducting environmental review, under the California Environmental Quality Act (CEQA), of “vehicle miles traveled” (VMT) impacts may not unquestioningly use thresholds...more
Assembly Bill 52 (AB 52) requires public agencies to consult with tribes during the California Environmental Quality Act (CEQA) process. On March 14, 2025, in Koi Nation of Northern California v. City of Clearlake, the First...more
Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more
While the Trump Administration has rolled back federal environmental justice initiatives and taken efforts toward expediting federal environmental review processes, the New York State Department of Environmental Conservation...more
The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more
The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands. With the launch of the new “pre-plan coordination”...more
The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), and Federal Railroad Administration (FRA) (the Agencies) recently issued updated guidance for implementing 23 U.S.C. § 139 (Section 139)....more
A change from heavy regulation of vineyards to a complete ban on new vineyards did not so destabilize the original project description as to amount to a prejudicial abuse of discretion and require a new EIR. Gooden v. County...more
A California Court of Appeal upheld the California Department of Conservation Geologic Energy Management Division’s determination that a project to convert a plugged oil well into a wastewater disposal well fit within the...more
In Yolo Land and Water Defense v. the County of Yolo (2024 105 Cal.App.5th 710, the Third District Court of Appeal upheld the County’s EIR for a sand and gravel mine, known as the Teichert Shifler Mining and Reclamation...more
In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more
For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more
Last week’s unexpected opinion of the U.S. Court of Appeals for the D.C. Circuit (“DC Circuit”) holding that the Council for Environmental Quality (“CEQ”) lacks authority to promulgate regulations implementing the National...more
For businesses that are considering a construction, renovation, expansion project and/or expanding operations into New York State, it is worth considering whether the economic development incentives that can be provided by an...more
Today, the U.S. Fish and Wildlife Service (Service) announced it had opened status reviews for 38 species of plants, wildlife, and fish endemic to Texas, New Mexico, and Arizona (Southwest Species). Section 4(c) of the...more
On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more
On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit ruled that the White House Council on Environmental Quality (CEQ)—the entity under the Executive Office of the President that has long overseen National...more
The two-judge majority opinion in Marin Audubon Society v. Federal Aviation Administration effectively invalidates the White House Council on Environmental Quality’s (CEQ’s) longstanding regulations implementing the National...more
The California Legislature has continued to refine the Density Bonus Law over the years, making important updates to housing laws that impact developers across the state. Recent legislative changes include key updates on...more
The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using...more
As many contractors know, whenever doing federal projects there might be a nagging feeling in the back of your mind. What exactly does my contract say? What type of plan do I need to address environmental concerns? You...more
As part of Mayor Eric Adams' "Get Stuff Built" initiative to increase housing supply and reduce regulatory constraints on new development, the New York City Planning Commission approved the Green Fast Track for Housing Rule...more
The US Supreme Court granted a petition of certiorari in Seven County Infrastructure v. Eagle County, Colorado, which concerns the scope of review under the National Environmental Policy Act (NEPA). Granting certiorari allows...more