NEPA
Careful what you wish for
The impact of eliminating CEQ’s NEPA regulations may be more onerous NEPA compliance
One of the many EOs issued by the new administration revokes the authority of the Council of Environmental Quality (CEQ), an office within the White House, to issue regulations implementing the National Environmental Policy Act (NEPA) that bind agencies in terms of what they must do for NEPA compliance. The EO follows on the heels …
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CONTINUE READINGThe Seven County Case and the Limits of Causation Under NEPA
Analysis of causation under NEPA should be driven by the statute’s purpose of informed decisionmaking.
Our final article on the Seven Counties case before the Supreme Court, and how to think about causation and NEPA, is now out with the on-line companion to the Administrative Law Review, Accord. For those who don’t have time for the whole paper, here’s the abstract: This spring, the Supreme Court will decide Seven County …
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CONTINUE READINGThe Top-Ten Lower Court Decisions on Environmental Law
Don’t let the headlines deceive you. It’s not just the Supreme Court that shapes environmental law.
The Supreme Court tends to get all the attention, but for every Supreme Court opinion on environmental law there are probably fifty opinions in the lower federal courts. Collectively, the lower courts have done fat least as much to shape the law than the Supreme Court’s occasional interventions.
CONTINUE READINGTrump’s War Against NEPA
One of Trump’s Executive Orders Heralds a Revolution in NEPA Practice
What’s going on here is pretty obvious, It’s not “improving environmental rules.” No, the title of the subsection is “Unleashing Energy Dominance through Efficient Permitting.” Anything that gets in the way of fossil fuel development – which is what Trump means by energy dominance – is going to get steamrolled. Including the environment.
CONTINUE READINGCollecting useful data on NEPA
A 2024 study falls fall short in shedding light on the impacts of NEPA litigation
As I’ve recently posted, permitting reform is (appropriately) in the news right now. That means there’s also a reason for various think tanks, NGOs, academics, and others to release studies that might inform the policy debate. One such study from 2024 that has gotten some coverage on social media recently is a report by the …
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CONTINUE READINGA Way Forward?
Reducing the Number of Decisions Could Accelerate Fire Management
This is the third of a series of three posts on how to do more to reduce fire risks on federal lands. The first post is here, the second post is here. In addressing the increasing risks of wildfire, we certainly need to scale up the resources we apply to the problem, doing more prescribed …
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CONTINUE READINGFire and Permitting Reform
Addressing the difficult parts, regulation and litigation
This is the second of three posts on proposed legislation to address the fire crisis on federal lands (the first post is here). Last post, I talked about why this legislation is essential, and the strengths of the bill that the House passed last Congress. In this post, I’ll talk about the parts of the …
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CONTINUE READINGThe Urgent Need to Address Fire Risk
We need legislative action to accelerate fire risk reduction in general
The Manchin-Barrasso energy permitting bill that I’ve posted about is not the only permitting reform bill that died with the last Congress. The House had passed the “Fix Our Forests Act,” legislation sponsored by Rep. Bruce Westerman, a Republican from Arkansas, with a focus on trying to reduce fire risks on federal (and other) lands. …
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CONTINUE READINGThe Fires in Los Angeles
Wildfire policy and the tragic fires in Southern California?
National attention is (rightly) focused on the terrible fire situation in Los Angeles. At the moment, the top priority is supporting first responders who are trying to control the fires, prevent more damage, and help the people who have lost homes and loved ones. There is (of course) a bunch of chatter on social media …
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CONTINUE READINGGovernment by Reconciliation
The reconciliation process avoids the risk of a Senate filibuster. But it comes wth procedural and political complications.
The GOP’s efforts to accomplish a big agenda through the reconciliation process will face serious complications. The Byrd rule limits the use of reconciliation to achieve non-budgetary purposes. A razor-thin House majority and factional warfare will make it hard to reach deals, as will Trump’s (& Musk;s) distaste for compromise.
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