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
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 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
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
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
Continue Reading The Death of Public Citizen in Pipeline NEPA Analyses: Was it Ever Alive?
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