88 FR 1196
CEQ issued interim guidance to assist agencies in analyzing greenhouse gas and climate change effects of their proposed actions under NEPA.
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87 FR 77547
The Natural Resources Conservation Service announced that it intends to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices, and notified the public of the opportunity to provide comments on specified conservation practice standards in the handbook.
87 FR 72906
FERC proposed revisions to its regulations for engineering and design materials for liquefied natural gas facilities related to potential impacts caused by natural hazards.
Playing the Long Game: Expediting Permitting Without Compromising Protections
The Biden Administration’s efforts to promote clean energy have prompted calls for permit reform. A clean energy economy demands a global increase in mineral production, and some suggest environmental standards must be loosened. This premise fails to distinguish among causes of delay in the permitting process, and increased demand for minerals should not overshadow the productive purposes served by permitting. At the same time, there are opportunities to improve permitting without compromising health and safety standards.
87 FR 65622
The Office of Science and Technology Policy seeks input to help inform the framing, development, and eventual use of the first national nature assessment, conducted under the authority of the Global Change Research Act of 1990 and Exec. Order No. 14072 on strengthening the nation’s forests, communities, and local economies.
87 FR 56354
The Bureau of Safety and Environmental Enforcement proposed to revise existing regulations for well control and blowout preventer systems that pertain to oil, gas, and sulfur operations in the outer continental shelf to clarify blowout preventer system requirements and to modify certain specific blowout preventer equipment capability requirements.
87 FR 45739
The Forest Service announced the availability of up to $1 billion in grant funding for the establishment of the Community Wildfire Defense Grant Program as appropriated under the Infrastructure Investment and Jobs Act.
How Environmental Litigation Has Turned Pipelines Into Pipe Dreams
Proposed oil and gas pipelines have faced a myriad of legal challenges in the past several years. Even where pipeline proponents have prevailed, the cost and delay of protracted litigation has often caused cancellation of pipeline projects. In addition, presidential transitions have led to abrupt reversals of pipeline policies, which courts have often reviewed skeptically.
Amending the NEPA Regulations
The Joe Biden Administration has proposed reversing a number of the Donald Trump Administration’s changes to the National Environmental Policy Act (NEPA) regulations by again requiring federal agencies to evaluate the direct, indirect, and cumulative environmental impacts of projects under environmental review. On April 20, 2022, the first phase of those amendments was finalized, and on April 21, the Environmental Law Institute hosted a panel of experts to explore the changes to NEPA implementation, and how they might impact climate change policy and environmental justice.
87 FR 36487
EPA and the U.S. International Boundary and Water Commission announced and seek comment on a draft programmatic EIS for the proposed United States-Mexico-Canada Agreement Mitigation of Contaminated Transboundary Flows Project.