A review of the environmental cases decided by the Pennsylvania appellate courts last year follows. Please forgive any omissions of cases or detail in this catalogue. Many of these cases
Continue Reading Environmental Cases in the Pennsylvania Appellate Courts in 2021
National Environmental Policy Act
Turning Back the Clock: CEQ’s Recently Announced NEPA Amendments Aim to Restore Pre-Trump Administration Approach to Environmental Review
On Oct. 6, 2021, the White House Council on Environmental Quality (CEQ) announced Phase 1 of a proposed two-phase rollback of the most significant substantive changes included in the National…
Continue Reading Turning Back the Clock: CEQ’s Recently Announced NEPA Amendments Aim to Restore Pre-Trump Administration Approach to Environmental Review
NEPA and State Law Condemnation in Pennsylvania
Last week, the Pennsylvania Commonwealth Court issued an unreported opinion in an eminent domain case of potential interest in anticipation of an infusion of federal funding for infrastructure development. Montgomery …
Continue Reading NEPA and State Law Condemnation in Pennsylvania
A Tale of Two Environmental Policies: President Trump Announces NEPA Reform, as Former Vice President Biden Vows to Roll Back Reforms If Elected
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
Trump Administration Proposes Significant Streamlining of National Environmental Policy Act
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
State Court of Appeals Clarifies NY Environmental Quality Standards
On Tuesday, the New York State Court of Appeals clarified many of the standards associated with the New York State Environmental Quality Review Act (SEQRA) in its unanimous decision in …
Continue Reading State Court of Appeals Clarifies NY Environmental Quality Standards