The Council on Environmental Quality issued revised guidance that clarifies the use of categorical exclusions in environmental reviews and outlines updated documentation and review expectations for federal agencies.
Continue Reading CEQ Issues Revised Guidance on Categorical Exclusions
On Nov. 21, 2025, the U.S. Fish and Wildlife Service (FWS) released four proposed rules to revise its Endangered Species Act (ESA) implementing regulations, all of which would apply only
Continue Reading Wildlife Agencies Issue Four Proposed Rules to Revert Endangered Species Act Practices to 2019 Interpretations
On June 30, 2025, California Gov. Newsom approved a bill (SB 131) aimed at increasing housing supply and strategic economic development. The bill has sparked controversy among some groups. Critics
Continue Reading Do The Recent California Amendments to Its Environmental Review Statute Offer a Blueprint for Similar Changes in New York?
Several federal agencies have released modified National Environmental Policy Act (NEPA) implementing regulations.
Continue Reading Federal Agencies Roll Out New NEPA Regulations
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).
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
Two recent cases, Food & Water Watch et al. v. FERC, decided June 14, 2024, and Healthy Gulf et al. v. FERC, decided July 16, 2024, illustrate both
Continue Reading Recent NEPA Cases May Create Uncertainty for LNG Project SponsorsLast 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