National Energy Policy: Department of Energy Revises NEPA Regulations
On June 30, 2025, the Department of Energy (DOE) published an interim rule removing its current National Environmental Policy Act (NEPA) regulations and issuing new guidelines. NEPA requires federal agencies to prepare environmental impact statements before approving major projects. This rule would remove NEPA obligations for
Federal Agencies Roll Out New NEPA Regulations
FERC Revises Regulations Implementing NEPA; Adopts Two Hydropower-Related Categorical Exclusions
On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded regulations implementing NEPA originally promulgated in 1978 by the White House’s Council on Environmental Quality (CEQ). On the same day, FERC issued an order adopting two categorical exclusions under NEPA for certain hydropower-related activities.
Financial Assurance for Cleanup in Perpetuity
When a responsible party agrees to clean up a contaminated site under many programs, the government often demands that it provide financial assurance for the completion of the work. When hazardous substances will remain on the site, the site may require response in perpetuity. Can one specify an amount of financial assurance to secure the forever cleanup? Earlier this spring, the Pennsylvania Commonwealth Court considered that question in a case involving cleanup of a site in Ford City. See PennEnvironment v. Department of Environmental Protection, No. 566 C.D. 2024 (Pa. Commw. Ct. Mar. 11, 2025).…
Powering the Grid: South Korea’s 2025 ESS Auction
“Double Counting” or Redundant Mitigation? Second District Holds CEQA Guidelines’ Additionality Requirement Precludes Applying Upstream Energy or Fuel Providers’ Obligatory Cap-and-Trade Compliance To Offset Land Use Project’s Estimated GHG Emissions, Invalidates “Prejudicially Misleading” EIR For Massive LA County Centennial Project On That And Other Grounds
In a partially published 102-page opinion filed June 26, 2025, the Second District Court of Appeal (Div. 7) resolved cross-appeals by affirming the trial court’s judgment invalidating Los Angeles County’s 2019 EIR certification and project approvals for the Centennial Specific Plan, a 12,323-acre development on the historic Tejon Ranch in the County’s Antelope Valley Area south of Kern County. Center for Biological Diversity v. County of Los Angeles (Centennial Founders, LLC, et al., Real Parties in Interest) (2025) 112 Cal.App.5th 317. The Court of Appeal agreed with the trial court in all respects, holding the EIR’s GHG and off-site wildfire impacts analyses were deficient, while rejecting challenges to its analyses, discussion, and mitigation for wildlife movement corridors and native vegetation and to its alternatives analysis. (Per this blog’s standard practice, this post will discuss only the published portion of the opinion, which addressed only the GHG issues.)
An EU Biodiversity Market by 2027? The new EU’s Roadmap towards Nature Credits.
On July 7, 2025, the European Commission presented its Roadmap Towards Nature Credits, setting the blueprint for biodiversity certification in the EU. The Communication was also accompanied by a Q&A and a call for feedback by 30 September 2025.
Nature Credits: Practical Uses Across Sectors
In short, nature credits will constitute quantifiable and fungible…
Agricultural Law Weekly Review—July 8, 2025
Next Week: Tues. July 15—Quarterly Dairy Legal Webinar: 2025 Federal Milk Marketing Order Reforms
New! Progressive Dairy Podcast with Center Staff Attorney Brook Duer: How to Proactively Prepare and Protect Your Workforce Amid ICE Raids, I-9 Audits and Other Immigration Concerns
Agricultural Labor: DOL Publishes Proposed Rule to Rescind 2024 ‘Temporary Ag Worker Protections&rsquo…
Ninth Circuit Signals Potential Changes to EPA Effluent Guidelines
In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across…
Shale Law Weekly Review—Week of July 7, 2025
Pipelines: FERC Issues Waivers and Proposes Rule Changes to Expedite Pipeline Development
On June 18, 2025, the Federal Energy Regulatory Commission (FERC) announced a set of regulatory changes aimed at facilitating the construction of natural gas infrastructure. These regulatory adjustments include the following:
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