NEPA
The New NEPA: A User’s Guide
The Debt Ceiling Law Rewrote NEPA. Here’s a map to the new statute.
The National Environmental Policy Act (NEPA) was passed over fifty years. It created a new tool for environmental protection, the environmental impact statements, It also created the White House Council on Environmental Quality (CEQ), which issued guidelines of implementing NEPA in 1978. Lawyers will need to retool quickly because of recent changes. Here’s a roadmap …
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CONTINUE READINGOn the Perils of Hasty Drafting
The Debt Ceiling Bill was written under intense time pressure. It shows!
Someone asked me how the new bill defines what kinds of projects have enough federal involvement to require an environmental assessment. I thought I knew the answer. But when I looked carefully at the bill’s language, I realized that it actually can’t mean what I thought it did. In fact, it’s so badly written that …
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CONTINUE READINGNEPA and the Debt Deal
Will the permitting sections of the debt ceiling bill undermine environmental reviews?
Prior to the release of the text of the debt ceiling bill Sunday night, press reports had mentioned only a couple of provisions relating to environmental impact statements. It turns out there’s a lot more. The bill would make numerous changes in the statute governing impact statements, the National Environmental Policy Act of 1969 (NEPA). …
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CONTINUE READINGDid Biden have to approve the Willow oil project?
ConocoPhillips has existing lease rights. But the Biden administration had tools to curtail those rights to limit harms.
Although the Biden administration has approved the Willow oil drilling project on Alaska’s North Slope—the largest proposed oil drilling on U.S. public land in several decades—the legal questions are far from settled. Much of the media coverage so far has focused on the political dynamics driving the decision (as noted with some alarm here and …
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CONTINUE READINGA Taste of Things to Come
Welcome to 2023. It’s going to be a wild ride.
In the past week, we’ve gotten a glimpse of what the next two years will look like. On the one hand, chaos in Congress. On the other hand, quiet progress toward environmental goals by the Biden Administration. Both trends are likely to continue throughout this Congress and the second half of the presidential term. The …
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CONTINUE READINGThe Ninth Circuit Court of Appeals’ 10 Most Important Environmental Law Decisions of 2022
Climate Change, Water Rights, Environmental Justice & Federalism Issues Highlighted the Ninth Circuit’s Prodigious Environmental Docket This Year
I’ve shared in previous posts my view that the U.S. Court of Appeals for the Ninth Circuit is–after the U.S. Supreme Court–the most influential court in the nation when it comes to environmental and natural resources law. That’s true for two related reasons: first, the sprawling Ninth Circuit encompasses nine different states (including California) and …
CONTINUE READINGCoordinating Climate Policy
We have a White House climate czar. That’s not going to be enough.
The Inflation Reduction Act (IRA) creates a massive funding program for clean energy and other climate policies. This funding complements regulatory efforts at EPA elsewhere. Yet authority over energy policy is fragmented at the federal level. Without better coordination, there’s a risk that various policies will mesh poorly or operate at cross-purposes. And state governments, …
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CONTINUE READINGNational Parks, Climate Change, and Active Management
When should park managers response to fire risk and climate change through active management?
This summer, the Earth Island Institute filed a lawsuit challenging active management projects in Yosemite National Park – those projects involve the cutting of trees to reduce the risk of fire (or that is the explanation of the National Park Service for the projects). The tree cutting was begun this past year, and the National …
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CONTINUE READINGThe Side Deal
How would the Manchin-Schumer deal on permitting impact the environment?
To get Manchin’s vote for the $379 billion in environmental spending in the IRA bill, Schumer and other congressional leaders had to agree to support Manchin’s efforts to speed up the permit system. At this point, all we have is a one-page list of permitting changes that would form the basis of a new bill. …
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CONTINUE READINGWhat the Supreme Court Left Standing
No, the Court didn’t eliminate EPA’s ability to fight climate change.
The Supreme Court’s ruling in the West Virginia case left many people with the impression that it eliminated the government’s power to regulate carbon emissions. There are quite a number of areas of climate law that the Supreme Court has left untouched. Here’s the EPA authority the Court hasn’t touched: EPA’s jurisdiction over greenhouse gases. …
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