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89 FR 14087

BLM announced its intent to revise the Bureau's policies and procedures for compliance with NEPA, various executive orders, and CEQ's NEPA implementing regulations by proposing to remove four administratively established categorical exclusions (CEs) and to incorporate two CEs established by Congress. 

89 FR 13077

EPA adopted DOE's categorical exclusion for methane gas recovery and utilization systems under NEPA. 

89 FR 7358

The Natural Resources Conservation Service gave notice that it intends to issue a series of revised conservation practice standards in the National Handbook of Conservation Practices. 

89 FR 2944

EPA adopted DOE’s electric vehicle charging stations categorical exclusion under NEPA.

89 FR 2214

The Defense Advanced Research Projects Agency adopted the Department of the Navy’s categorical exclusion under NEPA for the installation and operation of passive scientific measurement devices. 

88 FR 85838

OSM approved, with two deferrals, an amendment to the Virginia regulatory program under SMCRA.

88 FR 83694

The Bureau of Safety and Environmental Enforcement proposed to incorporate certain documents by referenceProduction Measurement Industry Standards and Safety Industry Standards, including one International Organization for Standardization/International Electrotechnical Commission standardinto 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.