Archives: NEPA

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US Federal Energy Regulatory Commission Moves to Limit Downstream Analysis of Pipeline GHG Emissions

The Federal Energy Regulatory Commission (FERC) issued a statement on May 18, 2018 clarifying that the Agency will only analyze both upstream and downstream environmental effects of pipeline Greenhouse Gas (GHG) emissions when those effects are “sufficiently causally connected to and are reasonably foreseeable effects of the proposed actions.”  The policy statement was part of an … Continue Reading

White House Seeks Guidance on Environmental Review Standards

Government agencies may soon use a different framework for evaluating the environmental impact of their decisions. The Council on Environmental Quality (CEQ), the executive agency tasked with ensuring that federal agencies meet their obligations under the National Environmental Policy Act (NEPA), published a notice on June 20, 2018 seeking input from the public about changes to the … Continue Reading

Federal Judge Sides With US EPA In Pebble Mine FOIA Litigation

On August 24, 2015, Judge H. Russel Holland of the US District Court for the District of Alaska dealt a blow to Pebble Limited Partnership’s (Pebble Partnership) efforts to obtain documents which it believes could support its claim that US EPA failed to comply with the Federal Advisory Committee Act (FACA) by coordinating with environmental … Continue Reading

New Credits to Offset Impacts to Listed Species under the US Endangered Species Act

The US Fish and Wildlife Service (USFWS) proposes extending conservation credit to all landowners who participate in early voluntary conservation actions for declining or at-risk species. Currently, non-federal landowners are eligible to participate in a similar program known as the Candidate Conservation Agreements with Assurances. Under the proposed policy, however, parties may earn credit for efforts … Continue Reading

How Much is Enough? Defining the US Army Corps’ Scope of Review under NEPA & Clean Water Act Section 404

On March 7, 2014, the US Court of Appeals for the Sixth Circuit issued a decision in Kentuckians for the Commonwealth v. USACE limiting the scope of impacts to be considered under the National Environmental Policy Act (NEPA) when the US Army Corps of Engineers (Corps) issues Clean Water Act Section 404 permits for surface mining operations. Kentuckians involved the … Continue Reading

Environmental Organizations Lack Standing To Appeal Agency Rulemaking

The court in Wildearth Guardians v. Salazar2 held that plaintiff environmental organizations lacked standing to challenge a decision by the Bureau of Land Management (BLM) not to recertify the Powder River Basin as a “coal production region”. Wildearth was yet another case brought in an attempt to force the BLM to alter its management decisions … Continue Reading
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