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 the consolidated cases of Friends of P.S. 163 Inc., et al. v. Jewish Home Lifecare, Manhattan, et al. and Wright, et al. v. New York … Continue Reading
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 to export small volumes of natural gas to non-Free Trade Agreement nations. 82 Fed. Reg. 41,570 (Notice). As DOE/FE describes its proposal: [T]he proposed rule … Continue Reading
Last week we examined the Sierra Club v. Federal Energy Regulatory Commission decision from the D.C. Circuit holding that natural gas pipeline NEPA review must consider greenhouse gas emissions impacts from power plants served by the proposed pipeline. This week, we review the decision and its impact on pipeline projects: In August, the U.S. Court … Continue Reading
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 District of Columbia Circuit (D.C. Circuit) makes clear that the National Environmental Policy Act or NEPA, enacted in 1970, remains an important weapon for those … Continue Reading
Late last month the New York State Department of Environmental Conservation (DEC) proposed to revise its Part 617 regulations, which are the rules governing the conduct of environmental impact review under New York’s “Little NEPA,” known as the State Environmental Quality Review Act (SEQRA). The proposal was officially noticed in today’s issue of the New … Continue Reading
FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration? On Dec. 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act, also known as the “FAST Act,” which sought to expedite the NEPA environmental review process for major infrastructure projects. One year later, rulemaking and guidance from … Continue Reading
The Council on Environmental Quality has released draft guidance designed to promote more efficient environmental reviews of projects subject to the National Environmental Policy Act (NEPA).
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