NEPA

In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).

Continue Reading Landmark Supreme Court Decision Limits NEPA Review Scope: Agencies Granted ‘Substantial Deference’ in Environmental Assessments

On April 23, 2025, the U.S. Department of the Interior announced plans to implement unprecedented emergency procedures to fast-track permitting for energy and critical minerals projects on federal lands. 
Continue Reading Department of the Interior to Adopt Expedited NEPA Permitting Procedures for Energy and Minerals Projects on Federal Lands

On July 30, 2024, the D.C. Circuit Court of Appeals in New Jersey Conservation Foundation, et al. v. FERC vacated FERC’s order approving Transcontinental Gas Pipe Line Company (Transco)’s Regional

Continue Reading DC Circuit Remands and Vacates FERC’s Order Approving the Transco Project

Last month, I wrote about the “Environmental Justice for All Act,” a bill that proposes a finding that vulnerable populations are disproportionately burdened by environmental hazards. New Jersey is
Continue Reading New Jersey’s Environmental Justice Legislation: The Focus on Major Source Permit Applications Might Impact Property Values

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

In an April 15 ruling in Northern Plains Resource Council, et al. v. Army Corps of Engineers, Judge Brian Morris of the U.S. District Court for the District of
Continue Reading Federal Judge Prohibits Use of U.S. Army Corps of Engineers’ Nationwide Permit 12 for Utility and Pipeline Projects

“Tribal consultation” refers to the federal government’s legal obligation to consult with Native American tribes on energy and infrastructure projects, such as highways and railroads, pipelines, telecommunications towers and systems,
Continue Reading Consulting With Native American Tribes on Energy and Infrastructure Development: Strategies for Reducing Project Risk