State & Local

BOEM Halts Construction of Empire Wind 1

On April 16, 2025, the Bureau of Ocean Energy Management (BOEM) issued a formal director’s order instructing Empire Offshore Wind LLC to cease…

Continue Reading When Is a Final Approval Not the Final Word? Empire Wind Halt Raises Questions About Managing Risk for Previously Approved Infrastructure Projects

On April 8, 2025, President Donald J. Trump issued an executive order titled Protecting American Energy From State Overreach. The order directs the U.S. attorney general to identify and take action against state and local laws “burdening” domestic energy development, especially laws addressing climate change, environmental, social, and government (ESG) initiatives, and environmental justice.…

Continue Reading Executive Order Targets State Climate Laws, But Existing GHG Permit Requirements Remain Enforceable

On Jan. 29, 2025, the New York State Department of Environmental Conservation (DEC) proposed amendments to its State Environmental Quality Review Act (SEQRA) (6 NYCRR Part 617) and the Uniform…

Continue Reading NY DEC Proposes Environmental Justice-Focused Amendments to SEQRA and UPA—Potential Impacts on Project Permitting

Act 2 has been on the books since 1995. UECA was adopted in Pennsylvania at the end of 2007. More than a few UECA covenants have been recorded as parts…

Continue Reading No Pa. Case Has Ever Adjudicated a Claim to Enforce an Environmental Covenant Imposed Under ‘Act 2’—Does That Matter?

Montana is among the states with a constitutional provision recognizing a right to environmental quality, in its case to a “clean and healthful environment.” Mont. Const. art. II, § 3. …

Continue Reading Montana Supreme Court Holds that State Constitution Protects Youth Plaintiffs’ Right to Protection from Climate Change