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On July 1, 2024, the Council on Environmental Quality’s (CEQ) final rule implementing the revised National Environmental Policy Act (NEPA) Phase II regulations came into effect. This rule, marking the final phase of the Biden Administration’s effort to update the 2020 amendments to the NEPA regulations, reintroduces critical environmental policies and establishes new requirements for more robust and streamlined environmental analyses. Read our latest blog post, authored by Meg Holden and SPR Summer Associate Cameron Bonnell, to learn more about latest NEPA regulatory revisions. #EnvironmentalLaw #NEPA #ClimateChange #EnvironmentalJustice #CEQ #RegulatoryUpdates #SixtyYearsOfEnvironmentalLaw

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 Final Rule’s reforms are substantial; for the first time, climate change and #environmentaljustice principles are codified for #NEPA purposes, including a definition of “environmental justice.” H/t Ted Boling good update. #finalrule #CEQ

The Supreme Court's recent decision to overturn the 40-year-old Chevron doctrine has sent shockwaves through the environmental community, with potential implications for climate action, pollution control, and the overall regulatory landscape. The Chevron doctrine, a legal precedent established in 1984, allowed federal agencies like the US Environmental Protection Agency (EPA) to interpret ambiguous environmental laws, often deferring to their scientific expertise. This decision, while celebrated by some as a check on regulatory overreach, has raised alarm bells among environmentalists. According to the Natural Resources Defense Council (NRDC), it could undermine the EPA's ability to enforce existing environmental regulations and limit its flexibility to tackle emerging challenges like climate change. Some specific concerns include: 🧑⚖️ Increased legal challenges to climate regulations: Regulations aimed at curbing greenhouse gas emissions from power plants, vehicles, and oil and gas operations could face a barrage of lawsuits, potentially delaying or derailing crucial climate action. 🏭 Weakened enforcement of environmental laws: The EPA's ability to enforce regulations on air and water pollution, toxic chemicals, and other environmental hazards could be hampered. 🐢 Slower response to emerging threats: The EPA's ability to address new environmental challenges, such as those posed by emerging technologies or pollutants, could be slowed down due to increased legal scrutiny. The overturning of Chevron deference marks a significant shift in environmental law and policy. It raises crucial questions about the future of environmental protection in the United States. Will this decision empower industries to challenge and weaken environmental regulations? Will it hinder the government's ability to respond effectively to the urgent threat of climate change? And how will this impact the health and well-being of communities most vulnerable to environmental hazards? While the future remains uncertain, one thing is clear: the stakes are high. It's now more important than ever for environmental advocates, policymakers, and the public to engage in a meaningful dialogue about the role of government in protecting our planet. We must work together to ensure that environmental protection remains a priority, even in the face of evolving legal landscapes. Read more here: https://lnkd.in/gGnNPbds

The Council on Environmental Quality (CEQ) has finalized its Phase Two revisions to the National Environmental Policy Act (NEPA) implementing regulations. The reforms include the codification of climate change and environmental justice principles, as well as new approaches to categorical exclusions. Partner Ted Boling and associate Kerensa Gimre share more details in this Update. https://bit.ly/3UJgqiL #EnvironmentalLaw #EnvironmentalRegulation #ClimateChange #NEPA

ICS Publications releases fifth edition of Shipping and the Environment: A Guide to Environmental Compliance

“The overturning of Chevron deference marks a significant shift in environmental law and policy. It raises crucial questions about the future of environmental protection in the United States. Will this decision empower industries to challenge and weaken environmental regulations? Will it hinder the government's ability to respond effectively to the urgent threat of climate change? And how will this impact the health and well-being of communities most vulnerable to environmental hazards?” What are your thoughts on the recent overturning of the Chevron doctrine? How is it effecring mindsets across different climate verticals?

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

Ready for the environmental news round up? Claire Petricca-Riding, Keith Davidson, Jill Crawford, Stéfano Giancarlo D'Ambrosio Nuñez,Elizabeth Mutter, Lea Ash, Anna Tranter and Cody Brookes bring the run down on the most important legal updates in the environmental world.  Here is the link to the full article with a summary below. 👇 https://lnkd.in/diTgTNd3 🌍 Climate Change Agreement Scheme extended for another 6 years 🌍 OEP allowed to intervene in river restoration case 🌍 Strengthening Environmental Accountability: Key Proposed Amendments to the Water (Special Measures) Bill 🌍 Internal review of DEFRA regulation and regulators announced 🌍 Criticism received on the New UK Product Standards Bill for excluding chemical regulations

A SciLight mini analysis shows that the number of final environmental impact statements issued by federal agencies has been in decline over the past 15 years. What does this all mean? Check out our post to learn more, and please subscribe to our newsletter if you are enjoying the content we're bringing you.