*Article first appeared in Bloomberg Law on June 18, 2020.
A new executive order seeks to accelerate federal approvals of infrastructure and development projects, relying on various emergency authorities in environmental statutes. The authors of this article say the scope of these provisions, as well as their interaction with other laws, is uncertain, and investors and developers should be cautious of potential judicial challenges.
The U.S. Court of Appeals for the Fifth Circuit has stayed a lawsuit, Sierra Club v. EPA, brought by a coalition of environmental groups concerning the U.S. Environmental Protection Agency’s (EPA) approval of two revisions to the Texas State Implementation Plan (SIP). This stay is to allow the U.S. Court of Appeals for the D.C. Circuit to decide whether to hear an identical petition for review. (more…)