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DOE Proposes to Expand the Fast-Track Lane for Certain Clean Energy Projects–But Excludes Wind

Law Columbia

On November 16, 2023, the Department of Energy (DOE) published a proposed rule to expedite the environmental review process for certain renewable energy infrastructure projects through the use of categorical exclusions. Major federal actions include those that are undertaken, funded, or authorized by a federal agency.

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Having the Fox Guard the Henhouse?

Legal Planet

One of the most important provisions, of the new NEPA law, § 107(f), allows the lead agency to delegate preparation of environmental reviews to project applicants. There are unsettled questions about when this provision applies and how it interfaces with other parts of NEPA. Below I discuss some of the main issues.

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The NEPA Amendments in Nine Blog Posts

Legal Planet

On June 5, President Biden signed the debt ceiling bill, which provides the first significant rewrite of NEPA since it was passed over fifty years ago. Overview of the NEPA Amendments, providing a roadmap to the new provisions. Download as PDF The post The NEPA Amendments in Nine Blog Posts appeared first on Legal Planet.

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That Dam Case (Again):  Third District Upholds Oroville Hydropower Facilities Relicensing EIR Against Numerous CEQA Challenges

CEQA Developments

On April 7, 2023, the Third District Court of Appeal filed a lengthy published opinion – the latest installment in one of the longer ongoing CEQA battles in recent memory – affirming a judgment finding an EIR for the Federal relicensing of Oroville Dam and related hydropower facilities legally adequate. of Water Resources (2023) Cal.App.5th.

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The Forthcoming Interpretation Wars

Legal Planet

After the 2023 NEPA amendments, does the agency have to do some kind of environmental review before setting a fire next to a wilderness area? By way of background, NEPA requires environmental impact statements. There are arguments both ways, and courts will eventually have to resolve them.

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Rethinking the Willow Project: Did BLM Have Other Options?

Law Columbia

Photo credit: Bob Wick, Bureau of Land Management On March 13, 2023, the Bureau of Land Management (“BLM”) approved a major oil drilling operation on the North Slope of Alaska. The land covered by ConocoPhillips’ NPR-A leases falls into the second category. National Petroleum Reserve-Alaska.

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The New NEPA: A User’s Guide

Legal Planet

The National Environmental Policy Act (NEPA) was passed over fifty years. It also created the White House Council on Environmental Quality (CEQ), which issued guidelines of implementing NEPA in 1978. Lawyers will need to retool quickly because of NEPA itself has now been extensively revamped.

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