The incoming Biden Administration intends to take many major environmental policy actions aimed at climate change, enforcement, environmental justice, and several other issues, many of which entail reversing actions taken
Continue Reading TRANSITION THOUGHTS: The Presidential Transition, NEPA, and Project Review

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

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

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

On Sept. 1, the Office of Fossil Energy of the Department of Energy (DOE/FE) issued a notice inviting public comment on a proposal which, if adopted, will authorize automatically applications
Continue Reading Office of Fossil Energy of the Department of Energy Issues Notice of Proposed Rulemaking That Will Automatically Authorize Certain Applications To Export Small Volumes of Natural Gas

Although there has been a significant shift with regard to climate change policy with the change of administrations, a recent decision at the United States Court of Appeals for the


Continue Reading D.C. Circuit Holds FERC Natural Gas Pipeline NEPA Review Must Consider Greenhouse Gas Emissions Impacts from Power Plants Served by Proposed Pipeline