The Council on Environmental Quality (CEQ) recently issued interim guidance titled National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions and Climate.
In a move that could have far-ranging implications for projects that require federal permits and rulemaking across the entire federal government, the White House’s Council on.
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In the coming weeks, the Council on Environmental Quality (CEQ)
will reveal its plan for revising the National Environmental Policy
Act (NEPA) regulations and guidance for analyzing greenhouse gas
(GHG) emissions. Indeed, this will be one of the highest priority
items for incoming CEQ Chair, Brenda Mallory, who was just
confirmed by the Senate in a 53 to 45 vote on April 14, 2021.
In the meantime, under the leadership of new Chair Richard
Glick, the Federal Energy Regulatory Commission (FERC) is wasting
no time in charting its own course on the GHG emissions impacts of
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A shift in administration at the state or federal level comes with regulatory changes and uncertainties. Already, the Biden administration has demonstrated it will have different environmental enforcement priorities and approaches than the previous administration. So what should the regulated community expect at the national level, as well as regionally?
Increased Environmental Inspections and Enforcement, But Also the Return to Supplemental Environmental Projects as a Settlement Tool
It is likely the Biden administration will adopt regulatory changes under the Clean Air Act and the Clean Water Act to employ more stringent regulatory programs. For example, as discussed in more detail here, the Biden Environmental Protection Agency (EPA) may reevaluate the previous administration’s guidance memo regarding regulating discharges to groundwater under the Clean Water Act. Changes to guidance documents and adopting new rules