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NEPA in the Ninth

Legal Planet

On Wednesday, the Ninth Circuit decided a NEPA case that discusses two interesting issues. But what’s most striking isn’t what the court did discuss but what it didn’t mention : the fact that last year’s NEPA amendments speaks directly to one of those issues.

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Having the Fox Guard the Henhouse?

Legal Planet

One of the most important provisions, of the new NEPA law, ยง 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. State government units. That seems ambiguous.

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Proposed NEPA Rules Address Climate Change, Environmental Justice, and Efficiency of Environmental Reviews

Law and Environment

On July 28, 2023, the Council on Environmental Quality (CEQ) proposed reforms to the National Environmental Policy Act (NEPA) regulations governing how federal agencies review the environmental effects of major federal projects. Before those amendments, the regulations had remained largely unchanged since 1978.

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The Drafting Puzzles of NEPA 2.0

Legal Planet

Shortly after Biden signed the new NEPA rewrite as part of the debt ceiling law, I wrote a blog post about a major drafting glitch at the heart of the new provisions. After all, the government doesnโ€™t have any control over them anyway. The drafters of NEPA 2.0 The drafters of NEPA 2.0 Itโ€™s also phrased more cogently.

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Federal Water Tap, April 25: Colorado River States, Interior Near Completion of 2022 Drought Response Plan

Circle of Blue

The Food and Drug Administration, which regulates packaged drinks, lowered the current standard that ranges between 0.8 The action, the first of two phases to address the National Environmental Policy Act, undoes changes to NEPA made by Bidenโ€™s predecessor, Donald Trump. By the Numbers. milligrams per liter. On the Radar. Water Week.

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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 (โ€œBLMโ€) approved a major oil drilling operation on the North Slope of Alaska. The land covered by ConocoPhillipsโ€™ NPR-A leases falls into the second category. National Petroleum Reserve-Alaska. Statements by BLM suggest they do, however.

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Policy News: June 14, 2021

ESA

The Biden administration laid out its timeline for rolling back major Trump environmental rules, but acknowledged that the process of enacting more protective regulations on climate and air pollution and drinking water will take years โ€” if they can estimate the timeline at all.

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