On August 20, 2026, the U.S. Forest Service (USFS) published a proposal to repeal the 2001 Roadless Area Conservation Rule (“Roadless Rule”), which prohibits new road construction, commercial timber harvests and other activities on 58.5 million acres of undeveloped public lands. As detailed in the draft environmental impact statement (DEIS) […]
NEPA
20 posts
On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975) in which it perhaps clarified, perhaps modified, or perhaps announced entirely new standards for judicial review of agency obligations under the National Environmental Policy Act (NEPA). Justice Kavanaugh […]
Yesterday, the Department of the Interior published a press release announcing the establishment of emergency permitting procedures to facilitate the rapid development of fossil fuel resources. Interior takes this action to fulfill a White House directive to rely on any and all emergency authorities to spur domestic energy production in […]
On the evening of the second inauguration of President Trump, the White House released a flurry of executive orders on a wide range of subjects. Several of them specifically concerned energy and the environment. The general thrust of these is to encourage the rapid development of fossil fuel resources and […]
Back in 2003, Michael Herz and I wrote an article calling for the creation of an online, word searchable database of environmental impact statements that had been prepared under the National Environmental Policy Act (NEPA) and its state equivalents. These EISs are written at great expense and contain massive amounts of observational […]
On November 16, 2023, the Department of Energy (DOE) published a proposed rule to expedite the environmental review process for certain renewable energy infrastructure projects through the use of categorical exclusions. DOE’s proposal would apply to: (1) installing, operating, modifying, or decommissioning solar photovoltaic (PV) systems on buildings or other […]
Last Wednesday, July 26, the Sabin Center filed an amicus brief in support of the plaintiffs in Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management (BLM) and Center for Biological Diversity v. BLM – two lawsuits challenging BLM’s approval of the so-called “Willow Project” on the North […]
On April 20, 2022, the White House Council on Environmental Quality (CEQ) finalized revisions to the regulations implementing the National Environmental Policy Act (NEPA). The revisions undo changes made to the regulations during the Trump administration, which critics alleged could prevent federal agencies’ considering climate change in NEPA reviews. […]