Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?

From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and operation of linear infrastructure projects.

On September 1, 2022 we addressed these issues and more during our complimentary webinar, “Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?” This webinar examined uncertainty stemming from changes in regulation and agency policy and guidance, recent court decisions and ongoing efforts of the Biden administration to expand the breadth of environmental regulation to address climate change, invasive species and other issues.

Nossaman’s Rebecca Hays Barho and Brooke Marcus discussed various evolving developments including:

• The latest status of regulations governing implementation of the Endangered Species Act (ESA), National Environmental Policy Act and Clean Water Act;
• A new permitting program under the Migratory Bird Treaty Act;
• Upcoming policy and regulation governing conservation banking and mitigation under the ESA and other programs;
• Forthcoming action on permit streamlining for large and small infrastructure projects;
• Updates on Biden Administration’s America the Beautiful (30x30) plan;
• Bald and Golden Eagle Act compliance;
• Potential changes to U.S. Army Corps of Engineers regulatory program; and
• Environmental cases and the Supreme Court.