In 2025, the National Environmental Policy Act (NEPA) entered the most consequential period of retrenchment in its 55-year history. In a single year, the U.S. Supreme Court, the Donald Trump…
The U.S. Supreme Court’s 2025 decision in Seven County Infrastructure Coalition v. Eagle County reorients NEPA’s scope, curtailing cumulative effects analysis by redefining it through a…
The integration of artificial intelligence (AI) into implementation of the National Environmental Policy Act (NEPA) is unfolding against a backdrop of regulatory uncertainty and heightened…
On May 29, the U.S. Supreme Court released its decision in Seven County Infrastructure Coalition v. Eagle County, holding that substantial judicial deference to agencies is required in…
In contrast to the large amount of attention that FERC’s consideration of climate change in natural gas permitting has received, there has been relatively little paid to how FERC does and should…
In Marin Audubon Society v. Federal Aviation Administration, a divided panel for the D.C. Circuit cast significant doubt on the continued durability of CEQ’s NEPA regulations, stating…
For the first time in nearly 50 years, following the federal government's recission of CEQ's NEPA implementing regulations on April 11, 2025, there are no governmentwide regulations in place to…
Tribes in the Pacific Northwest have faced persistent obstacles to their exercise of treaty fishing rights, most prominently illegal regulation of off-reservation fishing by state governments. As…
The Comment shows the importance of EJ and cumulative impact governance coming from municipalities by highlighting a specific case study that has worked: San Francisco. The author argues that…
Four myths are distorting the national debate over permit reform. First, it is misconceived as a singular issue, with the National Environmental Policy Act (NEPA) at its center. Second, reformers…