National Agricultural Policy: House Ag Committee Publishes Draft Budget Resolution Plan
On May 12, 2025, the House Committee on Agriculture announced the publication of its draft text to accommodate the federal budget resolution’s reconciliation directives (H. Con. Res. 14). Additionally, the committee published a section-by-section overview of the draft. For more detail
CARB Workshop on Climate Disclosure Laws: More Questions Than Answers
On May 29, 2025, the California Air Resources Board (CARB) held a virtual public workshop to review and discuss its rulemaking response to California Senate Bills (SBs) 253, 261, and 219, which require companies that “do business in California” and meet certain revenue thresholds to publicly disclose their greenhouse gas (GHG) emissions and material climate-related financial risks. Although CARB staff presented some “initial staff concepts” concerning CARB’s approach to implementing SBs 253 and 261, CARB asked more questions than it provided answers. The clear takeaway from the workshop was that CARB has a long way to go before it is ready to issue a formal notice of proposed rulemaking on SBs 253 or 261, and there is still an open question of whether CARB will issue guidance or regulations for SB 261, which is self-implementing.
US Supreme Court Clarifies Scope of Review Under NEPA
The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses.
By Nikki Buffa, Devin M. O’Connor, Jennifer K. Roy, Janice M. Schneider, Reilly Nelson, and Samantha Yeager
On May 29, 2025, the US Supreme Court issued a decision (Decision) in Seven
China’s Draft Environmental Code: Access and Benefit-Sharing for Chinese Non-Human Biological Resources – What Life Sciences Companies Should Know
On April 29, 2025, China released a landmark draft of its first unified Environmental Code, now open for public consultation until June 13, 2025. The 2025 Draft Environmental Code (“Draft Code”) consolidates and elevates into a single legal instrument many of China’s environmental laws, but it also marks a significant development in the regulation
Shale Law Weekly Review—Week of June 2, 2025
Federal Lands: DOI Proposes Eliminating BLM Rule
On May 14, 2025, the Department of the Interior (DOI) proposed the rescission of a 2024 Bureau of Land Management (BLM) rule. The 2024 rule aimed to reduce acreage rents and capacity fees for solar and wind energy authorizations, attempting to encourage clean energy development on public
Key Takeaways From California Air Resources Board’s Public Workshop on Implementing California Climate Disclosure Laws SB 253 and SB 261
On May 29, the California Air Resources Board (“CARB”) held a virtual public workshop to discuss forthcoming regulations to implement SB 253 and SB 261, landmark California laws that require many corporate entities to disclose their greenhouse gas (“GHG”) emissions and climate-related financial risk. CARB affirmed the existing statutory deadlines and stated that it plans
One-Track Mind: Unanimous SCOTUS Decision on Rail Line Approval Further Narrows Scope of NEPA
On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the National Environmental Policy Act (NEPA). Justice Brett Kavanaugh, writing for a five-justice conservative majority (with Justice Neil Gorsuch abstaining), held that (a) courts must afford federal agencies “substantial judicial deference” regarding both the scope and contents of their environmental analyses; and (b) courts do not need to consider the effects of the action to the extent they are “separate in time or place” from the proposed project. The ruling gives federal agencies permission to greatly streamline their NEPA analyses at a time when those agencies are rapidly being drained of their resources and facing increasing pressure to expedite lengthy permitting processes.
Landmark Supreme Court Decision Limits NEPA Review Scope: Agencies Granted ‘Substantial Deference’ in Environmental Assessments
In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).
Cutting Back the NEPA Judicial Oak
It seems that the death of Chevron deference was not the end of agency deference. Almost a year after striking down Chevron deference, today the U.S. Supreme Court issued a decision on the role of judicial deference towards an agency’s fact and scope determinations. In an opinion penned by Justice Kavanaugh, the U.S. Supreme Court
Supreme Court Restores Agency Deference In NEPA Reviews
On May 29, 2025, the United States Supreme Court issued an 8-0 opinion in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al. that affirmed agency deference in review of environmental documents prepared under the National Environmental Policy Act (NEPA).[1] This important decision will bring much-needed certainty for project developers and financing agencies that should reduce permitting obstacles resulting in greater time and cost savings to developers.