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FERC Adopts Favorable Buckeye XPress Environmental Assessment; Greenhouse Gas Emissions Not A Prohibitive Factor

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] On January 23, 2020, the Federal Energy Regulatory Commission (FERC) adopted the Office of Environmental Projects’ (OEP) Environmental Assessment (EA) of Buckeye XPress, concluding that the project will have “no significant impact” on “the quality of the human environment.”[2]  The EA conditions approval on adherence to all […]

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Former Associate

Trump Proposes Rules to Expedite Infrastructure Projects

by Patrick J. Paul On January 9, 2020, in one of the more significant environmental proposals of the current administration, President Trump’s Council on Environmental Quality (CEQ) proposed updates to its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA). According to the White House, the rules are designed to modernize […]

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Welcome Reforms in Federal Coal Leasing, Permitting and NEPA Streamlining

by Denise A. Dragoo The Utah coal industry has benefited from recent reforms in federal coal leasing, permitting and streamlining of environmental review under the National Environmental Policy Act (“NEPA”).  During the previous administration, applications to lease millions of tons of federal coal reserves encountered significant delays in NEPA review and were ultimately halted by […]

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What’s Old Is New Again: Expedited Review of Energy Infrastructure Projects Under Trump’s Executive Order

by J. Matthew Derstine While the two Presidential Memoranda expediting review and approval of the Keystone XL and Dakota Access pipelines grabbed much recent attention, an Executive Order issued the same day could have a broader impact by expediting the environmental review and approval of infrastructure projects nationwide.  But whether this Executive Order will truly […]