89 FR 26141
EPA adopted FWS' categorical exclusion for restoration activities of wetland, riparian, instream, and native habitats under NEPA to use in certain water grants and loan programs administered by the Agency.
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National Parks Conservation Ass'n v. United States Department of the Interior
A district court granted in part and denied in part summary judgment for a conservation group in a challenge to the National Park Service's (NPS') delayed implementation of a marine reserve zone and commercial fishing phaseout in Biscayne National Park in Florida. The group argued NPS violated the A...
Citizens for Clean Air & Clean Water in Brazoria County v. United States Department of Transportation
The Fifth Circuit denied environmental groups' petition to review DOT's approval of a license to construct and operate a large deepwater oil facility off the Texas coast. The groups argued the final EIS applied a "flawed" alternatives analysis and "grossly underestimated" the facility's environmenta...
Sierra Club v. Federal Energy Regulatory Commission
The D.C. Circuit denied an environmental group's petitions to review FERC's decision to grant time extensions for two developers to complete natural gas pipeline projects. The group argued FERC was too permissive in finding "good cause" to grant the extensions. The court found FERC followed its reas...
89 FR 25497
The National Aeronautics and Space Administration amended and updated its regulations for implementing NEPA, and incorporated updates to its categorical exclusions.
89 FR 25378
BLM finalized a rule to reduce the waste of natural gas from venting, flaring, and leaks during oil and gas production activities on federal and Indian leases and to ensure that, when federal or Indian gas is wasted, the public and Indian mineral owners are compensated for the wasted gas through royalty payments.
89 FR 22949
FWS finalized a rule to complete regulatory proceedings addressing submerged public lands within Tongass National Forest.
Putting the Ban Back Together: A Critical Look at California Restaurant Association v. Berkeley
Concerned by methane’s potent climate-altering emissions, a growing number of states and municipalities have embraced the phaseout of natural gas as a tool to mitigate climate change. But in April 2023, the California Restaurant Association successfully petitioned the U.S. Court of Appeals for the Ninth Circuit to overturn the city of Berkeley’s ban on natural gas infrastructure in new buildings. The three-judge panel found the ban preempted by the federal Energy Policy and Conservation Act, and in January 2024, the Ninth Circuit denied Berkeley’s petition for rehearing.