In 2016, the incoming Trump Administration stated its intention to reduce substantially federal environmental regulation. The president issued executive orders requiring two rule repeals for each new rule and directing
Continue Reading Rolling Back Environmental Rollbacks in the New Administration
On July 30, Sens. Cory Booker (D-NJ), Kamala Harris (D-CA), and Tammy Duckworth (D-IL) unveiled the “The Environmental Justice for All Act.”
The bill proposes a finding that
Continue Reading ‘Environmental Justice for All Act’ Introduced in U.S. Senate
On July 15, 2020, President Trump’s administration finalized a significant overhaul of the regulations governing the administration of the National Environmental Policy Act (NEPA). In January 2020, when the regulatory overhaul was announced, we observed that rolling back 50 years of precedent in an administrative action could trigger judicial challenges to the rule and result in greater regulatory uncertainty for federal projects. The final rule, while making some relatively minor modifications, hews closely to its original terms, and does little to satisfy potential challengers.
Continue Reading A Tale of Two Environmental Policies: President Trump Announces NEPA Reform, as Former Vice President Biden Vows to Roll Back Reforms If Elected
On Jan. 9, 2020, the Trump administration’s Council on Environmental Quality (CEQ) proposed rules that would update comprehensively the regulations promulgated under the National Environmental Policy Act (NEPA) for the
Continue Reading Trump Administration Proposes Significant Streamlining of National Environmental Policy Act
A unanimous panel of the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) threw the Washington, D.C. area’s beleaguered “Purple Line” light rail project a
Continue Reading Court of Appeals Throws Lifeline to Major D.C.-Area Infrastructure Project
Last week we examined the Sierra Club v. Federal Energy Regulatory Commission decision from the D.C. Circuit holding that natural gas pipeline NEPA review must consider greenhouse gas emissions impacts
Continue Reading The Death of Public Citizen in Pipeline NEPA Analyses: Was it Ever Alive?
Late last month the New York State Department of Environmental Conservation (DEC) proposed to revise its Part 617 regulations, which are the rules governing the conduct of environmental impact review
Continue Reading New York State Proposes Revisions to Its Environmental Review Regulations
FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?
On Dec. 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act, also
Continue Reading FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?
On Aug. 1, 2016, the Council on Environmental Quality (CEQ) issued its Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate
Continue Reading CEQ Issues Measured Final Guidance for Federal Agencies in their Consideration of GHG Emissions in NEPA Reviews
Review under the National Environmental Policy Act (“NEPA”) can be one of the most costly and time consuming components of any federal project or action. Often, the hurdle of NEPA can be so substantial that necessary projects fall by the wayside. Recognizing the tremendous burden environmental review can create, President Obama signed into law the Fixing America’s Surface Transportation Act, known as the “FAST Act,” on December 4, 2015. In addition to providing funding for infrastructure projects, the Act—specifically within Title XLI—seeks to streamline the rules for permitting and environmental reviews for projects under NEPA. It seeks to accomplish this by eliminating duplicative reviews, setting strict project timelines, ensuring best practices, and limiting opportunities for judicial review. Additionally, a new office will be created to administer and set timelines for expedited review.
Continue Reading Congress Adopts “FAST Act,” Seeking Expedited NEPA Review For Major Infrastructure Projects