environmental impact analysis
Deciphering NEPA 2.0
Here’s everything you wanted to know about the “New NEPA” but were afraid to ask.
NEPA was long an island of legal stability, standing almost unamended for over a half century. Then in the summer of 2023, everything changed. As a rider on the agreement to raise the debt ceiling, Congress extensively rewrote and expanded NEPA, gifting us with a new statutory regime. As I’ve written before — and discuss …
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CONTINUE READINGHeads in sand, oil in water
Cross-posted at CPRBlog. As oil drifts on and offshore in the Gulf of Mexico, forcing the closure of wildlife refuges and more fishing grounds, Interior Secretary Ken Salazar has called a temporarily halt to new offshore drilling while his staff prepare a report on the disaster and even Republicans in Congress are calling for new …
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CONTINUE READINGCalifornia Supreme Court decides in favor of accurate environmental impact analysis (and cleaner air)
The California Supreme Court just issued an important decision interpreting public agencies’ obligations under the California Environmental Quality Act. This case will result in cleaner air in southern California. It also establishes that public agencies must measure environmental impacts from a new project against actual existing conditions, rather than against theoretical conditions (based on permits …
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