CEQA Developments

MAY 2, 2023

FERC was preparing its own environmental impact statement under NEPA at the same time.) DWR’s activities weren’t limited to the relicensing. It was also undertaking environmental review under CEQA by preparing an EIR for the project. Finally, in 2008, DWR approved the settlement agreement and certified the EIR.

Climate Change 88

Climate Change 2008 2017 Law 88

Law Columbia

JANUARY 10, 2019

The revised guidelines also add “energy” as an impact category in the environmental checklist for CEQA reviews that agencies use to format and guide their environmental reviews (Appendix G). These new requirements are consistent with the California Supreme Court’s decision in Vineyard Area Citizens for Responsible Growth v. 4th 412 (2007).

Climate Change 40

Climate Change Greenhouse 2013 Renewable Energy 40

Arnold Porter

JULY 22, 2021

Streamline NEPA Review : CCS projects (including infrastructure) that entail federal approval or funding will require review under the National Environmental Policy Act (NEPA). For a massive build-out of carbon capture capacity to be achieved in an efficient manner, streamlining the NEPA process will be key.

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Regulations Government Renewable Energy Technology 52

Legal Planet

JUNE 8, 2023

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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2023 Law Regulations 2020 181

Law Columbia

JULY 6, 2017

Department of Energy’s (DOE’s) failure to publish final energy efficiency standards for five categories of appliances and industrial equipment: portable air conditioners, uninterruptible power supplies, air compressors, walk-in coolers and freezers, and commercial packaged boilers. Buffalo Field Campaign v. Zinke , No. June 9, 2017).

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2017 Clean Air Act Climate Change Renewable Energy 40

Law Columbia

MAY 10, 2023

The land covered by ConocoPhillips’ NPR-A leases falls into the second category. The court held that the environmental review conducted by BLM did not meet the requirements of the National Environmental Policy Act (“NEPA”). The Biden administration could not, therefore, unilaterally cancel ConocoPhillips’ leases.

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Fossil Fuels Greenhouse Regulations Climate Change 101

Legal Planet

JUNE 5, 2023

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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2023 Environmental Protection Law Regulations 208

E2 Law Blog

NOVEMBER 8, 2021

Unlike Pennsylvania, however, New York has a “little NEPA,” the State Environmental Quality Review Act , often referred to as SEQRA. There is a greater potential, however, that courts could nullify any attempt by the legislature to exempt specific projects or categories of governmental action from environmental review.

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Clean Air Act Clean Water Act Government Law 52

Law Columbia

MARCH 6, 2018

The plaintiffs’ complaint asserting National Environmental Policy Act (NEPA), Clean Water Act, and Rivers and Harbors Act violations included allegations that the U.S. California Federal Court Found Inadequate Analysis of Climate Change Impacts on Water Transfer Project Under NEPA But Said Analysis Satisfied CEQA Requirements.

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2018 Clean Air Act Climate Change Endangered Species Act 40

Circle of Blue

APRIL 25, 2022

The action, the first of two phases to address the National Environmental Policy Act, undoes changes to NEPA made by Biden’s predecessor, Donald Trump. The recommendations span four broad categories: long-term monitoring, waste storage, transport of spent nuclear fuel, and public engagement. Groundwater in the Grand Canyon.

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2022 Nuclear Power Government 2012 130

Legal Planet

MAY 31, 2023

Under the current guidelines interpreting NEPA, something is a “major federal action” if “it has effects that may be major and which are potentially subject to Federal control and responsibility.” It defines a category of actions but doesn’t distinguish between major and minor ones. Two things have gone wrong here.

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Government 2023 Law 232

Law Columbia

AUGUST 4, 2021

Ninth Circuit Affirmed Rejection of NEPA Challenges to Immigration Policies. The rule removed sources in the transmission and storage segment from the source category, rescinded the NSPS applicable to such sources, and also rescinded methane-specific requirements applicable to production and processing sources. Exxon Mobil Corp. ,

2021 40

2021 Climate Change Paris Agreement 2019 40

Law Columbia

JUNE 8, 2021

The First Circuit found that the plaintiffs did not show a likelihood of success on the merits of any of their claims under the National Environmental Policy Act (NEPA), including their claim that the U.S. The federal district court for the Eastern District of California rejected challenges to the NEPA review for a forest thinning project.

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2021 Fossil Fuels Endangered Species Act Climate Change 42

Law Columbia

JULY 2, 2021

Federal Court Allowed NEPA Claim to Proceed Against USDA Hog Slaughter Rule. Virginia Federal Court Said Challenge to NEPA Regulations Was Not Justiciable. Utah Federal Court Said Suspension of Oil and Gas Leases Was Not Subject to NEPA. Rocky Mountain Wild v. Bernhardt , Nos. 21-4019, 21-4020 (10th Cir. June 11, 2021).

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2021 Climate Change Fossil Fuels Greenhouse 45

Law and Environment

AUGUST 2, 2023

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. We analyze the key provisions in the proposed NEPA reforms below.

Climate Change 130

Climate Change Regulations Greenhouse 2023 130

Arnold Porter

JUNE 2, 2021

The Biden-Harris Administration's rollback of the Trump Administration's National Environmental Policy Act (NEPA) policies officially began on February 19, 2021, with the rescission of the Council on Environmental Quality's (CEQ's) 2019 proposed NEPA guidance on greenhouse gas (GHG) emissions.

Greenhouse 52

Greenhouse 2016 Climate Change 2020 52

ESA

FEBRUARY 28, 2022

Supreme Court rejects Dakota Access NEPA battle – E&E News. Readout of White House Climate Science Roundtable on Countering “Delayism” and Communicating the Urgency of Climate Action – White House. Biden Administration Halts New Drilling in Legal Fight Over Climate Costs – The New York Times. States and Tribes. Tribes to Receive $1.7

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2022 Natural Resources Climate Change Conservation 98

Legal Planet

JUNE 15, 2023

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. The drafters of NEPA 2.0 It excludes non-discretionary actions from NEPA only if they are in accord with the agency’s statutory authority.

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Law Government Waste Regulations 214

ESA

JUNE 14, 2021

NEPA: The Council on Environmental Quality has a three-step plan related to the National Environmental Policy Act rules, which guide federal permitting decisions and other actions. The first two would reverse a Trump-era update to CEQ’s NEPA rules. The agenda also lists an October 2022 target for finalizing the rule.

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2021 Endangered Species Act Ocean Climate Change 98

Vermont Law

JULY 6, 2022

The Infrastructure Investment and Jobs Act: At Crossroads with NEPA and Environmental Justice By Yasmin Perez Ortiz , Vermont Law School Alumna '20 July 6, 2022 "It is up to individuals and the states to demand and promote environmental justice regulations." Overall, OFD directed federal agencies to expedite the NEPA process.

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2002 Regulations Law Waste 52