Share on LinkedInShare on LinkedIn

ARTICLE · 24 JULY 2025

Regulatory Fireworks: Big Changes To NEPA This July

Arnold & Porter
Arnold & Porter
Contributor
Arnold & Porter

Arnold & Porter

With over 1,000 lawyers across 16 offices worldwide, Arnold & Porter is renowned for its...

View firm profile
Explore more from Arnold & Porter

In the first week of July, the federal government launched National Environmental Policy Act (NEPA) reform fireworks intended to accelerate reviews that could reshape the NEPA process for years to come.

United StatesEnvironment
Emily Orler
Emily Orler
Allison B. Rumsey
Allison B. Rumsey
Ethan Shenkman
Ethan Shenkman
Travis Annatoyn
Travis Annatoyn
Author LinkedIn connections

In the first week of July, the federal government launched National Environmental Policy Act (NEPA) reform fireworks intended to accelerate reviews that could reshape the NEPA process for years to come. On July 4, 2025, President Trump signed the "One Big Beautiful Bill Act," which amended NEPA to allow project developers to pay a fee for fast-tracked NEPA reviews. Simultaneously, federal agencies announced significant changes to some 20 agencies' NEPA procedures. All agencies revised their regulations and many replaced their regulations with non-binding guidance. Building on the Supreme Court's characterization of NEPA as a "purely procedural statute" in the recent Seven County decision, agencies made these changes through interim final rules and notices. The changes became effective upon publication, though agencies are accepting comments for 30 days. As the smoke clears from this declaration of independence from NEPA's red tape, project developers should carefully

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Texas Governor Abbott Directs TCEQ To Freeze All Data Center Permits In A Whole-of-Government Action

Governor Greg Abbott has ordered the Texas Commission on Environmental Quality to immediately halt all environmental permits for data center projects, expanding a statewide regulatory freeze that now encompasses power, water, and environmental approvals. This directive establishes strict operational mandates requiring data centers to fully fund infrastructure costs, report all resource consumption...
United StatesEnvironment
Foley & Lardner LLP
Foley & Lardner LLP
Article

Governor Abbott Orders TCEQ To Pause All Permit Issuance For Data Center Projects

Governor Abbott has ordered Texas environmental regulators to halt all data center permit issuance until grid operators complete a comprehensive audit in mid-December 2026. The sweeping directive affects not only grid-connected facilities but also fully islanded data centers relying on behind-the-meter generation, creating uncertainty for developers and their contractual obligations.
United StatesEnvironment
Bracewell LLP
Bracewell LLP
Article

Texas Governor Directs A Halt On Data Center Permitting With State Agency Audits

Texas Governor Greg Abbott has directed state agencies to halt all data center permits until comprehensive audits assess the projects' impacts on electric infrastructure, residential ratepayers, and water resources. The directive requires data centers to fully fund necessary electric infrastructure and comply with enhanced reporting requirements, while the governor signals potential legislative action to codify new protections and phase out certain tax incentives.
United StatesEnvironment
Greenberg Traurig
Greenberg Traurig
Article

Governor Signs Seven Data Center Bills Addressing Energy And Noise Reporting, Water Use, Labor Standards, Electricity Rates, And CEQA Review

California has enacted seven unprecedented bills targeting data center development, imposing sweeping new requirements for energy reporting, water consumption assessments, labor standards, and electricity rate structures. These laws fundamentally reshape the regulatory landscape for data centers, requiring detailed disclosures at multiple project stages while prohibiting categorical CEQA exemptions and establishing new interconnection rules that shift infrastructure costs directly to developers.
United StatesEnvironment
Cox, Castle & Nicholson
Cox, Castle & Nicholson
Article

District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

EPA Issues Decisions On Small Refinery Exemptions

The EPA has released decisions on 34 small refinery exemption petitions from 2025, granting full or partial exemptions that total 1.76 million RINs - significantly more than initially estimated. This discrepancy has prompted the agency to announce a new rulemaking that will reallocate 100 percent of exempted volumes to 2026 and 2027 renewable volume obligations, potentially increasing compliance burdens for nonexempt obligated parties.
United StatesEnvironment
Holland & Knight
Holland & Knight
Article

Federal Court Holds New York’s Climate Superfund Law Preempted By CAA

A federal court has struck down New York's Climate Change Superfund Act, which sought to recover $75 billion from fossil fuel companies based on historical emissions. The ruling found the Act preempted by the Clean Air Act, marking the first judicial decision on state climate superfund legislation and establishing that EPA's rescission of the endangerment finding does not alter preemption analysis.
United StatesEnvironment
Jones Day
Jones Day
Article

Generative AI Is Reshaping The Defense Of Complex Litigation

Generative AI is transforming litigation defense by enabling in-house legal teams to manage costs and complexity more effectively across the entire case lifecycle. From early research and drafting through expert witness strategy and trial preparation, AI tools are helping defense teams work faster and more consistently. How are these technologies reshaping the way sophisticated counsel approaches multidistrict litigation, mass torts, and large-scale document management?
United StatesMedia, Telecoms, IT, Entertainment
Arnold & Porter
Arnold & Porter
Article

Pseudonymised, Not Anonymous: What The Italian Garante’s €7 Million IQVIA Fine Means For Health Data

The Italian data protection authority fined IQVIA Solutions Italy €7 million for treating patient records as anonymous when they were actually pseudonymised personal data subject to GDPR. This decision demonstrates regulators' strict interpretation of what constitutes personal data, even as the EU considers narrowing this definition through the Digital Omnibus reforms.
GlobalPrivacy
Arnold & Porter
Arnold & Porter
Article

The FCC’s Next Move On Supply Chain Security: What Manufacturers Need To Know

The Federal Communications Commission has proposed sweeping changes to its equipment authorization program that would reorganize security restrictions around where devices are manufactured rather than who makes them. These new measures could fundamentally reshape how communications equipment—from smartphones to data center hardware—enters the U.S. market, with significant implications for manufacturers relying on foreign production.
United StatesGovernment, Public Sector
Arnold & Porter
Arnold & Porter
Article

District Court Enjoins EPA From Reclassifying California’s Clean Air Act Waivers

A federal district court has preliminarily enjoined the EPA from reclassifying California's Clean Air Act preemption waiver orders as "rules" subject to the Congressional Review Act. The court found that EPA's reclassification likely violated the Administrative Procedure Act and exceeded the agency's authority, though the order does not prevent Congress from proceeding with pending disapproval resolutions.
United StatesEnvironment
Arnold & Porter
Arnold & Porter
Article

China Compliance Update: Anti-Corruption — Summer 2026

Chinese authorities issued the first major update to criminal bribery laws in a decade, lowered thresholds for private-sector corruption crimes, and maintained aggressive enforcement against both bribe givers and receivers. Three senior officials faced prosecution in the first half of 2026, with investigations reaching back decades and emphasizing "family-style corruption" involving relatives who exploited officials' influence for personal gain.
ChinaCriminal Law
Arnold & Porter
Arnold & Porter
Article

Before The FCA: CMS And HHS Leaders Discuss Administrative Tools Leading Healthcare Fraud Enforcement

Federal healthcare fraud enforcement leaders reveal a strategic shift at CMS and HHS-OIG, where administrative sanctions—including enrollment moratoria, revocations, and exclusions—now serve as the first line of defense against fraud, often preceding False Claims Act litigation. The panel discussion at AHLA's Fraud and Compliance Forum outlined how agencies are leveraging data analytics, financial crimes intelligence, and cross-program coordination to identify and shut down fraudulent providers
United StatesFood, Drugs, Healthcare, Life Sciences
Arnold & Porter
Arnold & Porter
Article

S.D.N.Y. Upholds New York’s Social Media Content Moderation Disclosure Law

A federal court in New York upheld a state law requiring social media platforms to disclose their content moderation policies, applying a deferential First Amendment standard. This decision directly conflicts with a Ninth Circuit ruling on California's similar statute, potentially setting the stage for Supreme Court review on whether such disclosure requirements constitute protected commercial speech or impermissible compelled expression.
United StatesMedia, Telecoms, IT, Entertainment
Arnold & Porter
Arnold & Porter
Article

Sterling v. City Of Jackson And The Limits Of Substantive Due Process In Environmental Harm Cases

The Fifth Circuit's en banc decision in Sterling v. City of Jackson tests whether residents exposed to lead-contaminated municipal drinking water can sue under Section 1983 for substantive due process violations. In a 10-5 ruling, the court held that environmental harms caused by government mismanagement belong to tort law and the political process, not constitutional claims, creating a significant circuit split with implications for how environmental compliance failures by public officials are litigated.
United StatesLitigation, Mediation & Arbitration
Arnold & Porter
Arnold & Porter
Article

All Eyes On Personalized Pricing: What Stakeholders Need To Know

The Federal Trade Commission has proposed a new enforcement policy targeting personalized pricing practices, signaling heightened scrutiny of businesses that use consumer data to set individualized prices. As states simultaneously advance their own surveillance pricing legislation—ranging from disclosure mandates to outright bans—companies face an increasingly complex regulatory landscape that demands...
United StatesConsumer Protection
Arnold & Porter
Arnold & Porter