Stéfano Giancarlo D'Ambrosio Nuñez’s Post

MiningWatch joined Ecojustice and West Coast Environmental Law Canada in issuing this news release to support a letter signed by a broader group of environmental assessment (EA) experts. The role of the federal government is crucial in protecting the public interest. Beyond the uncertainty created by a patchwork of inconsistent provincial requirements, the provinces are simply not equipped, or not willing, to take environmental assessment seriously. It seems clear that the industry's complaints about "regulatory certainty" are shown to be in bad faith – and really just aimed at deregulation – by the fact that they are quite happy with at least 17 different EA regimes across the country (federal, provincial, territorial, and comprehensive claims settlement areas), and silliness like 6 separate EAs and one late-in-the-day regional assessment for the road into the "Ring of Fire." https://lnkd.in/gKbstCsX

The latest court finding on the National Environmental Policy Act. This will upend NEPA Phase 2 and have continuing impacts on the NEPA process. "In Marin Audubon Society v. FAA, the court ruled that the White House Council on Environmental Quality (CEQ) lacks authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While some are celebrating this as a win against bureaucratic overreach, the ruling creates considerable uncertainty around permitting reform. It also sets a precedent that could limit future presidents’ oversight of public employees, potentially constraining their ability to reform the administrative state". The case at hand centered around air tours over national parks near San Francisco, but the court went beyond the immediate dispute to declare CEQ’s entire regulatory framework unlawful. #archaeology #historicpreservation #NEPA #environmentalstreamlining #environment #permitstreamlining #permit #naturalresources #culturalresources

A recent decision by the D.C. Circuit and a case pending before the U.S. Supreme Court have the potential to significantly affect implementation of the National Environmental Policy Act (NEPA), which requires federal agencies to consider the environmental impacts of major actions. Read more below in SPR's most recent blog post by Jack Nelson and Maggie Macdonald. #SCOTUS #NEPA #EnvironmentalLaw #SupremeCourt #SixtyYearsOfEnvironmentalLaw

DAERA has published its Draft Environmental Principles Policy Statement for Northern Ireland (“Draft EPPS”). A ten week consultation period on the document is due to commence on 30 September. The Environment Act 2021  requires a statement explaining how five environmental principles should be interpreted and proportionately applied by: (a) Northern Ireland departments when making policy; and (b) Ministers of the Crown when making policy so far as relating to Northern Ireland. The five environmental principles are: (a) the principle that environmental protection should be integrated into the making of policies; (b) the principle of preventative action to avert environmental damage; (c) the precautionary principle, so far as relating to the environment; (d) the principle that environmental damage should as a priority be rectified at source; and (e) the polluter pays principle. Their purpose is to guide Ministers of the Crown towards opportunities to prevent environmental damage and enhance the environment. The EPPS is one of the four main cornerstones of environmental governance in the Environment Act 2021, alongside the Act’s provisions on environmental targets, the Environment Improvement Plan and the Office of Environmental Protection.  The Draft EPPS notes that “policy” includes a wide range of matters but expressly excludes an administrative decision taken in relation to a particular person or case (for example, a decision on an application for planning permission, funding or a licence, or a decision about regulatory enforcement). There may be issues of interpretation that arise in respect of administrative decisions around particularly novel or unique projects that might simultaneously be a policy and a decision taken in respect of a particular person or case. Northern Ireland will have some particular challenges in respect of the implementation of the EPPS, as is acknowledged in the document itself, particularly where the Windsor Framework requires alignment to EU Laws.  Once adopted the EPPS will impact all policy decisions not just environmental or planning policies. #environmentact #environmentallaw #DAERA #EnvironmentalPrinciplesPolicyStatement

Yesterday, the DC Circuit issued an opinion that may reshape how federal agencies implement environmental reviews under the National Environmental Policy Act. Surprisingly, the DC Circuit held that CEQ – an entity within the Executive Office of the President that has overseen NEPA policy and implementation for over five decades – has no statutory authority under NEPA to promulgate binding regulations. Check out our client alert for more information on the decision and the many implications! #NEPA #DCCircuit #CEQ #statute #regulations #environmentallaw Josh Berliner, Vaishali Gaur, Esq., Shun Iwamitsu, Ron Erlichman, Marius G., Paulina Sosa, Diana Jeschke, Nicholas Atwood, Michael Rodgers, Lauri Kai, Chee Lee https://lnkd.in/ey75Mqs4

In looming Northern Territory environmental regression, Environment Centre NT has revealed that a leaked Lia Finocchiaro MLA CLP government briefing document details a secret CLP plan to pass laws that give the Chief Minister and an unelected bureaucrat (the Territory Coordinator) sweeping powers to fast-track and override environmental laws in the NT 🤯 😠 According to ECNT's press release, "These regressive laws could apply to some of the most controversial and environmentally harmful projects in Australia, including fracking in the Beetaloo Basin, the Singleton Station development, carbon capture and storage and land clearing and water licence approvals for expansion of the cotton industry in the NT." This'll be a test for the federal govt. Minister Tanya Plibersek, what do you say of these NT govt plans that mock environmental laws? #NaturePositive? ECNT press release: https://lnkd.in/gsExfJ8E

For those interested in CEQ's Final Rulemaking on the National Environmental Policy Act (NEPA), could not recommend more that you read this deep dive by Perkins Coie LLP's resident expert Ted Boling and Kerensa Gimre. Hard to find anyone more qualified to dig into this critical rule that will govern environmental review of all significant federal infrastructure projects. As they note, the final rules are truly significant. For the first time, #climatechange and #environmentaljustice principles are codified for #NEPA purposes, including a definition of “environmental justice.” CEQ has also adopted a novel approach to new agency categorical exclusions (CEs) and addressed how agencies might approach projects with substantial beneficial effects. Take a look!!

The White House Council on Environmental Quality completed its two-part effort to revise regulations implementing the National Environmental Policy Act (#NEPA). Effective on July 1, 2024, the final rule is likely to result in expanded agency review with a new focus on #climatechange, #greenhousegas emissions, #environmentaljustice, and enforceable mitigation measures. Read below for our insights.

The NT govt's authoritarian instincts & aspirations to exempt major projects from environmental assessments by fiat are dangerous, democratically harmful & totally antithetical to sound decision-making & governance https://lnkd.in/gF_nnjUa

The Office for Environmental Protection report shows the gulf between environmental political promises and the lack of any meaningful action thereon. For 79% of rivers, the Government has low or no confidence in its own plans to restore river quality by 2027……….yes, the Government has low or no confidence……..! This culture of non-compliance with environment targets must end…………we are at a point where the public’s confidence is now significantly lower than our inept Government’s…….! #waterscandal #sewagescandal