Environmental Impact Review
Biden Administration Proposes “Phase 2” Revisions to NEPA Regulations
On July 31, 2023, the Council on Environmental Quality (CEQ) published a Notice of Proposed Rulemaking (NPRM) for its second phase of revisions to the 2020 National Environmental Policy Act (NEPA) amendments. As a brief primer, NEPA imposes procedural requirements on all federal agencies to consider the effect of a project or action on the…
Recent Debt Ceiling Legislation Includes Several Significant Changes to NEPA
On June 3, 2023, President Biden signed a legislative package lifting the federal debt ceiling that includes the first statutory amendments to the National Environmental Policy Act (NEPA) since 1982. While the legislation modified certain aspects of NEPA practice, many of the changes codify (i.e., enact into a statute) existing regulations or executive orders, preventing…
Governor Hochul Approves Changes to Environmental Justice Amendments
On March 3, 2023, Governor Hochul approved the New York State Legislature’s “chapter amendment” (S01317/A01286) to the environmental justice law that was enacted in December 2022 (S8830/A2103-D). The original legislation amended the State Environmental Quality Review Act (SEQRA) process and the New York State Department of Environmental Conservation’s (NYSDEC) permit approval process to expressly incorporate…
Governor Hochul Approves Environmental Justice Amendments to SEQRA
On December 30, 2022, Governor Hochul approved a bill passed by the New York State Legislature (S8830/A2103-D), which incorporates environmental justice concerns into the State Environmental Quality Review Act (SEQRA) review process and the New York State Department of Environmental Conservation’s (NYSDEC) state permit approval process. Governor Hochul’s approval of the law is subject to…
First Stage of Biden Administration’s NEPA Regulation Changes Goes Into Effect
On May 20, 2022, the Council on Environmental Quality’s (CEQ’s) first round of revisions to the Trump Administration’s 2020 NEPA regulations went into effect. These new regulations (the “Phase 1 rules”) represent the first phase of the Biden Administration’s two-step review and revision of the 2020 changes to the CEQ regulations and reverse some of…
NYS Department of Environmental Conservation Issues CLCPA Compliance Guidance
On December 8, 2021, the New York State Department of Environmental Conservation (DEC or the Department) issued two policies that incorporate climate change considerations into Departmental decision making and ensure compliance with the Climate Leadership and Community Protection Act of 2019 (CLCPA). As previously covered by the SPR Blog, the CLCPA requires DEC to establish…