88 FR 85838
OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.
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88 FR 83694
The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by reference—Production Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standard—into the regulations governing oil, gas, and sulfur operations on the outer continental shelf.
88 FR 80298
EPA adopted a Bureau of Indian Affairs’ categorical exclusion for waste management activities involving remediation of hazardous waste sites under NEPA for use by EPA’s Contaminated Alaska Native Claims Settlement Act Lands Assistance Program.
88 FR 75530
The Forest Service proposed to amend its special use regulations, which prohibit authorizing exclusive and perpetual use and occupancy of National Forest System lands, to provide an exemption for carbon capture and storage.
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 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.