NEPA

Misunderstanding the Law of Causation

Trump’s NEPA proposal flunks Torts as well as Environmental Science 101.

Last week’s NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations. Specifically, the proposal tells agencies they do not need to consider environmental “effects if they are remote …

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Pride Goeth Before a Fall

Trump thinks he can tell courts how to interpret NEPA. He’s wrong.

White House has just released its proposed revisions to the rules about environmental impact statements. The  White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. The proposal is marked by hubris about the government’s ability to control how the courts apply the …

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A Paper Tiger?

Trump is proposing big changes to CEQ regs. But they may not matter.

The Trump Administration is trying to gut the current White House rules on environmental impact statements.  Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …

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Commemorating the National Environmental Policy Act’s 50th Anniversary

Celebrating NEPA: America’s Most Transformative, Overarching & Catalytic Environmental Law

On a snowy New Year’s Day in 1970–50 years ago today–then-President Richard Nixon signed into law the National Environmental Policy Act.  NEPA’s passage marked the beginning of America’s modern environmental law era.  It  was followed by Congressional passage of a series of other federal environmental laws over the next decade–major statutes that to this day …

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Public Lands Watch: Forest Service proposes NEPA regulatory revisions

Forest Service proposes revisions to NEPA regulations to increase exemptions for logging and other projects

The National Environmental Policy Act (NEPA) has long been a lightning rod for debates over public land management.  NEPA requires federal agencies to fully analyze and publicly disclose the environmental impacts of proposed major federal actions that significantly affect the environment, including analysis of a reasonable range of alternatives and a response to public comments.  …

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The Power of the Purse

House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks

Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in …

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Public Lands Watch: NEPA Regulations

Administration asks for ideas about how to revise regulations implementing NEPA

A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities.  Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA).  NEPA, in short, requires the federal government to thoroughly analyze significant …

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Attempting to Close the Floodgates of Litigation

Can Congress prevent state and federal courts from hearing WaterFix lawsuits?

The journey of California’s proposed delta tunnels project (also known as California WaterFix) has been anything but straightforward and already faces a slew of ongoing legal challenges.[i] Last week, Congress added a different kind of twist when the proposed Department of Interior budget for FY 2019 was introduced in the House Appropriations Committee. The relevant …

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The Administration’s offshore oil and gas leasing proposal

Offshore leasing system requires long, complex legal process before drilling can occur

A few weeks ago the Trump Administration announced a new proposed plan to drastically increase the amount of offshore areas available for leasing for oil and gas development – essentially opening up almost all of the waters off of the lower 48 states.  The announcement at the time attracted a lot of media attention, but …

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Public Lands Watch: Izembek National Wildlife Refuge

Interior Department proposes to authorize road through wildlife refuge in Alaska

Tom Schumann authored this blog post. News outlets report that the Interior Department, reversing a decision made under President Obama, has agreed to a land exchange with an Alaska Native village that would allow construction of a road across a national wildlife refuge that provides important habitat for migratory birds, bears, caribou, and other species. …

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