EIA

3 posts
Climate Litigation Cross-cutting Issues

Seven County Infrastructure Coalition: The Supreme Court’s “Substantial Deference” Standard and Implications for Judicial Review under NEPA

  On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975) in which it perhaps clarified, perhaps modified, or perhaps announced entirely new standards for judicial review of agency obligations under the National Environmental Policy Act (NEPA). Justice Kavanaugh […]

Climate Litigation International

A Duty on Public Bodies to Prioritize Climate Action? Coolglass Windfarm Limited v. An Bord Pleanala

Planning law has proven to be a useful tool for climate activists seeking to block or challenge new fossil fuel developments. However, it has also been used to frustrate efforts to accelerate the renewable energy transition by delaying the construction of new renewable energy infrastructure (see here). Ireland has been […]

Climate Disclosures Environmental Impact Review NEPA Social Cost of Carbon

New Draft Guidance on Climate Change and NEPA Reviews Unlikely to Significantly Affect Agency Practice or Judicial Interpretation of NEPA Obligations

On Friday the White House Council on Environmental Quality (CEQ) unveiled new draft guidance on the consideration of climate change in National Environmental Policy Act (NEPA) reviews. This is intended to replace the final CEQ guidance that was issued by the Obama administration in 2016 and subsequently revoked by President […]