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NEPA Litigation Over Large Energy and Transport Infrastructure Projects

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded litigation is not a major contributor of project cost escalation or delays. This Article studies the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018.

Extracting Environmental Harm From Deep Seabed Mining

The Metals Company (TMC), sponsored by the Republic of Nauru, has made public its intention to be the first company to exploit polymetallic nodules, which contain minerals needed for electric batteries, from the deep ocean’s seabed. Nongovernmental organizations and national governments have objected to these proposed actions, with many calling for an outright ban. This Article offers a case study evaluating the parties’ respective claims in favor of, and in opposition to, permitting the proposed mining activities under the current legal framework.

88 FR 64884

The National Institute of Standards and Technology (NIST) identified categorical exclusions established by DOE under NEPA that cover categories of actions that NIST proposes to take.

88 FR 64972

DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.

88 FR 62025

BLM proposed a new rule to govern the management of surface resources and Special Areas in the National Petroleum Reserve in Alaska (NPR-A); the rule would revise the framework for designating and assuring maximum protection of Special Areas’ significant resource values, and would protect and enhance access for subsistence activities throughout the NPR-A.

88 FR 57334

The Bureau of Safety and Environmental Enforcement revised certain regulatory provisions concerning blowout preventer systems and well control for oil and gas and sulfur operations in the outer continental shelf.

88 FR 55331

The president issued Proclamation No. 10606 of August 8, 2023, establishing the Baaj Nwaavjo I'tah Kukveni-Ancestral Footprints of the Grand Canyon National Monument.

Conservation Rights-of-Way on Public Lands

This abstract is adapted from Justin R. Pidot & Ezekiel A. Peterson, Conservation Rights-of-Way on Public Lands, 55 U.C. Davis L. Rev. 89 (2022), and used with permission.

88 FR 49924

CEQ proposed the “Bipartisan Permitting Reform Implementation Rule” to revise its regulations for implementing the procedural provisions of NEPA, including to implement the Fiscal Responsibility Act’s amendments to NEPA.

88 FR 47562

BLM proposed to revise its oil and gas leasing regulations to reflect provisions of the Inflation Reduction Act pertaining to royalty rates, rentals, and minimum bids; update the bonding requirements for leasing, development, and production; improve its leasing process to ensure proper stewardship of public lands and resources; and modify operating requirements.