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 …

Continue reading “The NEPA Amendments in Nine Blog Posts”

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 …

Continue reading “NEPA 2.0 and Transmission Projects”

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 …

Continue reading “Centralizing Environmental Reviews under NEPA’s New Section 107”

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 …

Continue reading “CEQ and Permitting Reform”

Join Our Mailing List

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

Reflections on “Yes they can control the weather.”

Marjorie Taylor Greene is wildly wrong about government scientists controlling hurricanes. There is a rich history of weather modification experiments that make that false claim more dangerous.

Why You Should Read CA’s ExxonMobil Plastic Lawsuit

California’s lawsuit against ExxonMobil for lying about plastic recycling is the latest example of the state using old-fashioned legal tools to address more modern harms.

The Election, Vehicle Emissions, and State Climate Plans

If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.

How to Make Trees Worth More Standing Than Cut Down

The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.

Climate, Energy, and Environment on the Ballot

Ballot measures in Washington and California are especially important but others are worth noting.

Model Uncertainty in Politics and Climate Policy

The polls could be systematically off, not just due to random error. That’s a worry with climate models as well.

Still Crazy After All These Years

There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.

We Need a Circular Economy for EV Batteries

California got close to making suppliers ensure EV batteries are managed responsibly at end of life. Here’s why 2025 should be the year California creates a circular economy for EV batteries.

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.

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

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

The global transformation to an economy fueled by clean energy can’t be stopped. Trump could slow down U.S. progress though.

New CLEE Report Identifies Key Challenges and Opportunities in the State’s Adaptation Funding Landscape

Laws like the Inflation Reduction Act may have more sticking power than regulations.

New CLEE Report Release & Webinar on Wednesday, November 13th at noon PT

Several California laws prohibiting dangerous chemicals from household products go into effect on or after January 1, 2025.

Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.

Reframing Infrastructure Investments to Realize an Equitable Transition

The Presidential, Senate & House elections will have immense repercussions in terms of energy and environment.

A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.