U.S. Supreme Court Narrows Scope of Federal Agency Review Under NEPA

On May 29, 2025, the U.S. Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, reversing a D.C. Circuit ruling that vacated federal approval for the Uinta Basin Railway in Utah.  The Court held that the National Environmental Policy Act (NEPA) does not require federal agencies to evaluate the…

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The Current State of Electric Vehicle Incentives in New York and Beyond

Electric vehicles (EVs) have enjoyed increasing popularity in recent years as an alternative to the U.S.’s overwhelmingly fossil fuel-based transportation sector. A robust ecosystem of incentives from public and private entities alike has emerged to facilitate this shift, presenting significant economic benefits for developers of EV infrastructure. This article provides an overview of major existing…

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Managing Lender Liability: A Historical Overview and Practice Commentary for Moving Forward

CERCLA’s strict liability for environmental cleanup costs on owners or operators of contaminated sites contains limited defenses and exceptions. One such exception is the “safe harbor” that shields lenders from liability provided they do not undertake certain activities with respect to the site. But the applicability of this “safe harbor” is not altogether straightforward, and…

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