Archive for the ‘NEPA’ category

Ethan I. Strell, Associate Director & Fellow Columbia Center for Climate Change Law In a subtle but meaningful shift, the environmental impact review process in New York City is beginning to more systematically consider the potential effects of a changing climate on proposed projects, not just the effects that a project might have on the […]

by Elizabeth Sheargold and Smita Walavalkar As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government.  In particular, there is significant disagreement as to whether the end-use of exported coal and the […]

By Allie Bollman, Summer Intern Numerous environmental groups, represented by attorneys from Earthjustice, have filed a lawsuit against the Export-Import Bank over the Bank’s approval of a $90 million loan guarantee in support of Xcoal’s mining, transport, and export of coal without preparing an environmental impact statement.  The lawsuit, filed July 31, argues that the […]

by Cathy Li The Center for Climate Change Law has compiled a database examining the treatment of water-related issues in all Final Environmental Impact Statements (EIS) reported to EPA from January 1 to September 30, 2012.  The database, available here, comprised of 149 FEISs, details the extent to which federal agencies address topics related to […]

            CCCL has published a Hydraulic Fracturing Litigation Digest that summarizes litigation with underlying claims stemming from the hydraulic fracturing process and  provides an index of the cases organized by central legal issues. The Digest is structured to provide a view of litigation in each relevant State as well as a view of litigation at […]

by Professor Teresa Parejo Navaja, Universidad Carlos III de Madrid Royal Legislative Decree number 1/2008, of 11th January, adopting the revised text of the Impact Assessment of projects Law (RTIAL) gathers, in one single act, for the sake of the principle of legal certainty (though the RTIAL has already been amended by Law 6/2010, of 24th […]

by J. Cullen Howe New updates from December to the Center for Climate Change Law and Arnold & Porter Climate Case Chart.  Find the complete chart here. FEATURED DECISION Native Village of Kivalina v. ExxonMobil Corporation (9th Cir. Nov. 11, 2012):  added to the “common law claims” slide.  The Ninth Circuit denied a motion for […]

By Katee Kline, Legal Intern On July 24, the Department of the Interior released a final programmatic environmental impact statement (PEIS) identifying prime areas for solar development, approving seventeen large-scale energy projects on public lands, and outlining the procedure for approval of similar projects.  The PEIS, authored by the DOI’s Bureau of Land Management and the […]

By Patrick Woolsey, CCCL Intern Federal agencies have begun to incorporate consideration of climate change and greenhouse gas emissions into the environmental impact statements (EISs) which they are required to produce under the National Environmental Policy Act (NEPA). However, agencies have developed widely varying procedures for addressing the topic, as demonstrated in a new report […]

By Adam Riedel, CCCL Associate Director Environmental impact statements (EISs) should analyze the potential for energy efficiency to reduce the adverse impacts of new projects, to make the projects smaller, or to provide more benign alternatives.  The National Environmental Policy Act (NEPA) and its state counterparts require EISs for major actions, and provide numerous opportunities […]

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