Following are links to our full series of eAlerts analyzing the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule), which revise the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) implementing regulations (40 CFR Parts 1500-1508).
The Final Rule addresses amendments made to NEPA pursuant to the Fiscal Responsibility Act and solidify certain of the Biden-Harris administration’s (Administration) environmental policies. The Final Rule is the second of a two-part NEPA rulemaking (Phase 2 Revisions) initiated by the Administration, which identified revising NEPA implementing regulations among its highest priorities.
These eAlerts focus on changes to NEPA implementing regulations that may be of particular interest to NEPA practitioners, including the threshold determination of whether NEPA will apply to a given federal action, provisions aimed at streamlining the NEPA process, updates to engaging the public in NEPA review (including consideration of environmental justice and tribal coordination), and other notable provisions, such as requirements associated with the use of mitigated FONSIs.
National Environmental Policy Act Regulations: Phase 2
Vol 1. A Deeper Dive, Part 1
Vol 2. Does NEPA Apply?
Vol 3. Streamlining NEPA Review
Vol 4. Public Engagement
Vol 5. What Else Has Changed?
Vol 6. Concluding Thoughts
We help clients with large development and infrastructure projects navigate the maze of state and federal environmental regulations. We work together, with their outside consultants, to devise regulatory compliance strategies and defend against judicial challenges to keep projects moving forward.
We possess an in-depth understanding of the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA) as well as other environmental statutes. This insight enables us to draft comprehensive planning and environmental documents, including state and federal environmental impact reports and statements, that avoid pitfalls and survive court challenges.
When challenges do arise, we have an exceptional reputation for successfully defending major land use projects facing opposition from local groups and/or regional, state and federal agencies. We have successfully defended numerous development and infrastructure projects against state and federal environmental challenges. We are especially proud of our established track record of devising CEQA and NEPA compliance strategies and approaches to documentation that avoid litigation. We are equally proud of our ability to devise litigation strategies that allow the timely and on-budget delivery of complex, large-scale development projects.
The successful defense of environmental documents often depends on pre-litigation counseling. As such, our land use and environmental attorneys focus on compliance and litigation strategies that facilitate timely and cost-effective completion of the environmental regulatory process.