NEPA 2.0 Archives - Legal Planet

NEPA 2.0

The NEPA Amendments in Nine Blog Posts

Surveying the legal problems of the biggest NEPA changes in the past fifty years.

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. In a series of blog posts, I’ve explored some of the legal issues raised by the amendments. My goal has been highlighting problem areas rather than providing anything like …

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NEPA 2.0 and Transmission Projects

Will the new NEPA provisions speed approval of urgently needed projects?

In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …

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Centralizing Environmental Reviews under NEPA’s New Section 107

Sec. 107 is the key permitting reform applying to major projects. Will it work?

The 2023 Amendments to NEPA tweak current regulations in various ways in the name of permitting reform. Those changes make it easier to exempt smaller projects or cover them with programmatic impacts statements. The key issue, however, is going to be the effectiveness of new section 107, the main provision aimed at large-scale projects like …

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CEQ and Permitting Reform

The enactment of NEPA 2.0 presents a golden opportunity for the agency.

In the recent debt ceiling law, Congress extensively revamped NEPA, the law governing environmental impact statements. An obscure White House agency, the Council on Environmental Quality (CEQ), will have the first opportunity to shape the interpretation of the new language. Much of the language in the new law is poorly drafted or vague, making CEQ’s …

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Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

The Dangerous Hypocrisy of Elon Musk

Tesla CEO Elon Musk wants to slash government and regulations for a Trump administration—even though California regulations helped build his companies.

The Morning After

Given Trump’s victory, what can be done to save the planet?

California Must Not Abandon its Climate Leadership

California’s Low Carbon Fuel Standard has been successful. CARB should update the program without undermining its fundamental features.

NEPA in the Supreme Court (Part I)

A pending case could mean radical retrenchment of a foundational environmental law.

The Dangerous Embrace of Convenient Narratives Over Inconvenient Truths

As it turns out, Nature doesn’t care what stories you post on social media or spin on TV.

New Environmental Laws Focus on Public Health

Many of the environmental-focused bills that the governor signed this year involve ways to alleviate the health disparities faced by frontline communities.

The Yankees Already Beat the Dodgers at One Thing

The Yankees recently dropped Hess Oil from their outfield scoreboard. But in LA, the Dodgers’ Big Oil sponsorship with 76 gas is on full display in the 2024 World Series.

NEPA 2.0

Surveying the legal problems of the biggest NEPA changes in the past fifty years.

Will the new NEPA provisions speed approval of urgently needed projects?

Sec. 107 is the key permitting reform applying to major projects. Will it work?

The enactment of NEPA 2.0 presents a golden opportunity for the agency.

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

The Dodgers do business with a company that’s been polluting LA neighborhoods — and the climate — for years. Now, Phillips 66 faces federal charges of illegal wastewater dumping.

Some deep-seated dividing lines in U.S. politics seem to be eroding, with potential implications for climate policy.

Notes from COP29 in Baku, where the subject of real money, U.S. politics, and other tricky factors are converging.

The clock is ticking, but there’s still time for a few important last things.

The Burden on Ratepayers Is Not Sustainable

Select mechanisms can help ensure that energy projects deliver meaningful benefits for California communities

New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.

New CLEE report examines a prerequisite for fair and effective water markets

Understanding how causation applies for NEPA reviews.

Our guide to understanding how causation applies for NEPA reviews.