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.
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.
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.
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.
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.
DOT adopted DOE’s Electric Vehicle Charging Stations categorical exclusion under NEPA to use in DOT programs and funding opportunities administered by the Department.
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.
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.
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.
USDA, on behalf of the Administration’s Greenhouse Gas Monitoring and Measurement Interagency Working Group (GHG IWG), seeks comment on the draft interagency report entitled, Federal Strategy to Advance Greenhouse Gas Measurement and Monitoring for the Agriculture and Forest Sectors (Strategy), to inform the GHG IWG, and agencies' planning and implementation of an agriculture and forestry monitoring, measurement, reporting, and verification framework and near-term activities.