Administrative Law
Federal Agencies Commit to Streamlining Environmental Reviews for Major Infrastructure Projects
On April 9, 2018, the heads of 12 federal agencies signed a memorandum of understanding (“MOU”) that aims to streamline and shorten federal environmental and permitting reviews for major infrastructure projects. The MOU implements President Trump’s One Federal Decision (“OFD”) policy established in Executive Order 13807 (“EO 13807”), signed on August 15, 2017 and described…
Trump White House Infrastructure Plan Includes Proposals to Streamline Permitting Processes
Last month, the White House released its “Legislative Outline for Rebuilding Infrastructure in America” (the “Infrastructure Plan” or “Plan”), which contains a wide range of proposals for facilitating the construction of infrastructure projects. In addition to financial incentives and investment programs, the Infrastructure Plan proposes a series of changes in federal permitting and environmental review…
DEC Challenges FERC’s Decision to Undercut Its Water Quality Certification Denial for Millennium Pipeline Project
In an October 13, 2017 letter, the New York State Department of Environmental Conservation (“DEC”) challenged the Federal Energy Regulatory Commission’s (“FERC”) decision that, by failing to act, DEC had waived its authority to issue a Clean Water Act water quality certification for Millennium Pipeline Company LLC’s (“Millennium”) proposed Valley Lateral Project, a 7.8-mile natural…
Executive Order Begins the Formidable Process of Dismantling Federal Efforts to Address Climate Change
On March 28, 2017, President Trump signed an Executive Order, titled “Promoting Energy Independence and Economic Growth,” that is designed to roll back several of President Barack Obama’s efforts to address climate change. While some of the Executive Order’s provisions are self-executing, many will require lengthy administrative procedures to become effective and certainly will face…
Trump Executive Order Directs EPA and the Corps to Reconsider the 2015 “Clean Water Rule”
On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters…
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