Topic
NEPA Compliance
23 published works
The Energy Law Blog
Supreme Court Clarifies Scope of NEPA Reviews in Long-Awaited Decision
By Greg L. Johnson, Clare M. Bienvenu, Colin North
On May 29, 2025, the U.S. Supreme Court reversed the U.S. Court of Appeals for the D.C. Circuit’s decision that vacated the Surface Transportation Board’s (“the Board”) environmental impact statement…
Washington Energy Report
Ninth Circuit Finds that PURPA Gives FERC Broad Implementation Discretion, But Remands New Qualifying Facility Rules for Lack of NEPA Review
By Sahara Shrestha, Elizabeth McCormick
On September 5, 2023, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”), in Solar Energy Industries Association v. FERC, held that the Public Utility Regulatory Policy Act…
Law & The Environment
CEQ Finalizes Phase I NEPA Regulations: Undoing Trump’s Regulations Is One Thing; Modernizing NEPA Is Another
By Seth Jaffe
Earlier this week, the Council on Environmental Quality promulgated its Phase I rule amending the NEPA regulations. The final rule largely implements the proposed rule, though with some minor changes. …
Environmental and Climate
Ninth Circuit Holds That a Project’s NEPA Analysis Need Not Explain Why Its Impact Significance Conclusions Differ from CEQA Analysis of the Same Project; Dissent Perceives Environmental Racism at Work
In Ctr. for Cmty. Action & Envtl. Justice v. FAA (9th Cir. Nov. 18, 2021, Nos. 20-70272, 20-70464) ___F.3d___ [2021 U.S. App. LEXIS 34541], the 9th Circuit held that the National…
Washington Energy Report
DOE Updates NEPA Procedures on Authorizations Issued Under NGA
On December 4, 2020, the U.S. Department of Energy (“DOE”) issued a final rule updating its National Environmental Policy Act (“NEPA”) implementing regulations regarding applications to import to, or export…
EHS Law Insights
ICYMI – CEQ issues final revisions to NEPA rule
By Colette Honorable, Daniella D. Landers, Jennifer A. Smokelin, Keturah A. Brown, Grace C. Hearn
Earlier this month, the White House Council for Environmental Quality (CEQ) finalized its update of the governing regulations for the National Environmental Policy Act (NEPA) rule. This marks the first…
The Nickel Report
CEQ Releases Long-Awaited Final Rule to Improve NEPA Regulations
By Kerry L. McGrath, Lauren A. Bachtel
On July 16, 2020, the Council on Environmental Quality (CEQ) published its highly anticipated final rule to improve its National Environmental Policy Act (NEPA) regulations. The update, which largely mirrors…
Ohio Environmental Law Blog
Trump Administration Proposes Streamlining the NEPA Review Process
The Council on Environmental Quality has proposed a new rule which would streamline the National Environmental Policy Act (NEPA) which is the federal law that requires review of the environmental…
The Nickel Report
CEQ Unveils Long-Awaited Proposal to Improve NEPA Regulations
By Kerry L. McGrath, Lauren A. Bachtel, Alexander Woo
On January 9, 2020, the Council on Environmental Quality (CEQ) released its highly anticipated proposed rule to improve its National Environmental Policy Act (NEPA) regulations. The proposed changes would be…
Law & The Environment
President Trump’s NEPA Reform Is the Opposite of Nixon in China
By Seth Jaffe
Ever since President Nixon visited China, significantly contributing to a thawing of the Cold War, the phrase “Nixon in China” has referred to any situation where a leader makes a…