Monthly Archives: August 2018

CAFE Standards and the California Preemption Plan

The National Highway Traffic Safety Authority (NHTSA) and the Environmental Protection Agency (EPA) have proposed to treat California’s greenhouse gas standards as preempted by the Energy Policy and Conservation Act (EPCA). Here’s our legal analysis of this and the proposed new emissions and fuel economy standards.

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Emmett Clinic Files Comments on Behalf of Environmental Clinics Opposing EPA’s Proposed “Strengthening Transparency in Regulatory Science” Rule

August 15, 2018 – The Emmett Clinic filed a second set of comments today opposing EPA’s proposal to “Strengthen Transparency in Regulatory Science” on behalf of itself and other environmental clinics across the country, urging EPA to withdraw the proposed rule both because it is procedurally deficient and beyond the scope of EPA’s authority and because, […]

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NEPA- Federal Energy Regulatory Commission

Click here to return to our primary page on NEPA. On August 22, 2017, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Federal Energy Regulatory Commission (FERC) did not properly assess greenhouse gas emission impacts of the Southeast Market Pipelines Project, a three-pipeline project including the Sabal Trail pipeline, […]

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NEPA- USDA / Forest Service

Click here to return to our primary page on NEPA. On January 3, 2018, the Forest Service published an Advanced Notice of Proposed Rulemaking and Request for Comment. The proposed rule seeks to revise the Forest Service’s formal NEPA regulations as well as its internal NEPA procedures. The Forest Service requested comments on: methods to […]

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NEPA Environmental Review Requirements – More Information

Click here to return to our primary page on NEPA. History On February 18, 2010 the Council on Environmental Quality (CEQ) proposed guidance to agencies for considering greenhouse gas emissions and climate change in NEPA reviews. In December, 2014 CEQ updated its proposal for climate change NEPA guidance. On August 1, 2016 CEQ finalized Guidance on the Consideration of Greenhouse Gas Emissions and the Effects of […]

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NEPA- Department of Interior

Click here to return to our primary page on NEPA. On August 31, 2017, Department of Interior Deputy Secretary Bernhardt issued a memo, in the form of a secretarial order, directing that environmental impact statements must be no longer than 150 pages or 300 pages for “unusually complex projects.” The Secretarial Order No. 3355 was […]

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NEPA- Department of Homeland Security

Click here to return to our primary page on NEPA. On August 2, 2017, John Kelly, former Secretary of the Department of Homeland Security, signed a determination waiving NEPA and most major environmental laws as they relate to construction of barriers and roads near San Diego and the U.S.-Mexico border. Congress granted the Secretary of […]

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NEPA- Federal Communications Commission

Click here to return to our primary page on NEPA. On May 10, 2017, the Federal Communications Commission issued a Notice of Proposed Rulemaking seeking comments on ways to streamline its NEPA review procedures for wireless network infrastructure projects. The notice specifically addressed changing the scope of reviews to encompass more actions in each review […]

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NEPA Environmental Review Requirements

The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following. Why It Matters In 1969, Congress enacted the National Environmental Policy Act (NEPA), which requires federal agencies to assess the environmental impacts of certain proposed actions. It can be thought […]

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Emmett Clinic Files Amicus Briefs in Cases Challenging EPA Science Advisory Board Directive

August 14, 2018 – This summer, the Emmett Environmental Law & Policy Clinic has filed amicus briefs in two cases challenging former EPA Administrator Scott Pruitt’s directive to exclude scientists who hold EPA research grants from serving on the agency’s science advisory committees.  The Clinic’s briefs, filed on behalf of former senior agency officials from […]

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