On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 20, 2017 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis” (EO). Among the agency actions to be reviewed under the EO are a number of regulations and policies finalized by the Trump Administration involving Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), and other related statutes.
An initial pre-publication announcement ...
If you were unable to attend our recent webinar, “The New NEPA Regulations: A Practical Guide to What You Need to Know,” please check out the recording of our on-demand webinar, which can be accessed here. Additionally, we invite you to download the compilation of our eAlert series on the NEPA rewrite here.
Nossaman will continue to monitor litigation and other regulatory developments regarding NEPA in 2021 as we transition into a new Administration. Please stay tuned to our blog and subscribe to our mailing lists here in order to receive the latest updates on NEPA and other issues ...
In September 2020, the Council on Environmental Quality (CEQ) enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries published on the subject have either adopted a Chicken Little approach (i.e., sky is falling) to describing the changes, or an overly optimistic assessment of their likely implications for proponents of federal actions subjected to environmental review.
In order to understand these changes, please join our Environment and Land Use Group on ...
On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. While the move was lauded by many, others view the executive order as an impermissible use of executive power to circumvent environmental protections. The Center for Biological Diversity has already announced its plans to pursue litigation challenging the EO, alleging violations of the Endangered Species Act.
Executive Order 13927, “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency ...
The Eno Center for Transportation published a two-part article in the Eno Transportation Weekly, authored by Ed Kussy, that focuses on the potential implications of the changes proposed by the Notice of Proposed Rulemaking (NPRM) modifying the regulations implementing the National Environmental Policy Act (NEPA), with particular emphasis on federal surface transportation programs. The first part was published on February 21. We recently posted our summary of Part 1 of the article here.
Part 2 of the Eno article focuses on four parts of the NPRM that have received considerable attention ...
The Eno Center for Transportation published a two-part article in the Eno Transportation Weekly that focuses on the potential implications of the changes proposed by the Notice of Proposed Rulemaking (NPRM) modifying the regulations implementing the National Environmental Policy Act (NEPA), with particular emphasis on federal surface transportation programs.
The article examines whether, at least for surface transportation programs, the changes to the Council on Environmental Quality’s (CEQ) proposed revisions are as dramatic as reported. We posit that ...
On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations. The Proposed Rule would represent the first significant overhaul of CEQ’s NEPA regulations in more than 40 years.
The changes in the Proposed Rule are substantial and numerous.
While the stated purpose of the changes is to facilitate more effective and timely environmental review of federal agency actions, the practical impact of the proposed changes is far from clear. Below, we focus on some of the more significant ...
Nossaman’s Endangered Species Law & Policy blog focuses on news, events, and policies affecting endangered species issues in California and throughout the United States. Topics include listing and critical habitat decisions, conservation and recovery planning, inter-agency consultation, and related developments in law, policy, and science. We also inform readers about regulatory and legislative developments, as well as key court decisions.
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