TagNEPA(39)
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2025-06-12
Supreme Court Clarifies NEPA Scope in Light of Loper Bright
By: Steven M. Taber, Esq. In Seven County Infrastructure Coalition v. Eagle County, Colorado (May 29, 2025), the U.S. Supreme Court held that the Surface Transportation Board (STB) complied with the National Environmental Policy Act (NEPA) when it declined to evaluate environmental impacts from increased oil drilling and refining that could result from a newly approved railway -
2025-05-30U.S. Supreme Court Narrows NEPA Review
Court removes “indirect effects” requirement The U.S. Supreme Court issued a unanimous decision, on May 29, 2025, narrowing the scope of environmental review under the National Environmental Policy Act (NEPA). In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court reversed in part the D.C. Circuit Court of Appeals’ finding that the Surface Transportation -
2024-11-27
CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations
In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the National Environmental Policy Act (NEPA).1 The decision calls into question the legal basis for key aspects of NEPA compliance, including the use -
2024-11-12Marin Audubon Society v. FAA 23-1067-2024-11-12
A group of organizations and a resident challenged a plan by the Federal Aviation Administration (FAA) and the National Park Service (NPS) regulating tourist flights over four national parks near San Francisco. The agencies determined that no environmental analysis was needed under the National Environmental Policy Act (NEPA) because the plan would cause minimal additional -
2024-06-01
Council on Environmental Quality Substantially Rewrites NEPA Regulations
Highlights The Council on Environmental Quality (CEQ) recently published its Phase II regulations under the National Environmental Policy Act (NEPA). Amendments to the NEPA regulations are significant in scope and affect virtually all aspects of the NEPA review process, with many potentially contributing to Biden Administration goals of efficiencies and streamlined reviews, while others possibly -
2021-01-01A Citizen’s Guide to NEPA: Having Your Voice Heard
A comprehensive guide published by the Council on Environmental Quality explaining the National Environmental Policy Act (NEPA) and how citizens can participate in the environmental impact assessment process conducted by Federal agencies. The guide covers NEPA procedures, public involvement opportunities, and methods for citizens to have their voices heard in environmental decision-making. -
2021-01-01A Citizen’s Guide to NEPA: Having Your Voice Heard
A comprehensive guide published by the Council on Environmental Quality explaining the National Environmental Policy Act (NEPA) and how citizens can participate in the environmental impact assessment process conducted by Federal agencies. The guide covers NEPA procedures, public involvement opportunities, and methods for citizens to have their voices heard in environmental decision-making. -
NEPA Forty Most Asked Questions
1. Range of Alternatives. 2. Alternatives Outside the Capability of Applicant or Jurisdiction of Agency. 3. No-Action Alternative. 4. Agency’s Preferred Alternative. 5. Proposed Action v. Preferred Alternative. 6. Environmentally Preferable Alternative. 7. Difference Between Sections of EIS on Alternatives and Environmental Consequences. 8. Early Application of NEPA. 9. Applicant Who Needs Other Permits. 10. -
2019-12-09
CATEX Controversy: The Ninth Circuit Strikes Down FAA Decision to Exempt a Sea-Tac Operational Change from Environmental Review
The process for approving changes in airport operations and development projects may now be more complicated, time-consuming, expensive and uncertain, due to a new federal appeals court decision. The decision faults the Federal Aviation Administration (FAA) for rushing through its approval of a new procedure for turning southbound turboprops to the west in certain wind -
Arlyn Purcell
Currently, Arlyn Purcell is the SEPA contact for the Sea-Tac Airport SAMP program. The Port of Seattle Selected Arlyn Purcell, AICP, as New Director, Aviation Environment and Sustainability SEATTLE, WA– Following a nationwide search, thePort of Seattle has selectedArlyn Purcell, AICP to be the new Director, Aviation Environment and Sustainability at the Port of Seattle.