Originally appeared as a Perkins Coie Update on June 8, 2023
President Joe Biden signed into law the Fiscal Responsibility Act of 2023 (FRA), colloquially referred to as the Debt Ceiling Bill, on June 3, 2023. The legislation completes a bipartisan agreement to suspend the public debt limit until 2025 and includes the most substantive amendments to the National Environmental Policy Act (NEPA) since the enactment of the statute in 1970. The FRA effectively codifies many of the regulations that the Council on Environmental Quality (CEQ) promulgated in 2020 during the Trump administration. This Update provides a brief summary of the key NEPA amendments in the FRA and offers some context within which to assess the likely impact of the changes.
Originally appeared as a Perkins Coie Update on June 8, 2023.
Edward 'Ted' Boling
As an associate director at the President’s Council on Environmental Quality (CEQ), Edward (Ted) Boling served as the country’s top National Environmental Policy Act (NEPA) attorney. He currently advises clients on the development of renewable energy, resource development, transportation, and infrastructure, drawing on over 30 years of high-level public service.
Ted served in the U.S. Department of the Interior (DOI), CEQ, and the U.S. Department of Justice (DOJ) in both Democratic and Republican administrations. His experience includes deep involvement in federal infrastructure issues, as well as leadership of the first comprehensive revision of CEQ’s NEPA regulations in 40 years.
Thomas C. Jenson
Thomas (Tom) Jensen provides litigation and regulatory counsel, legislative and executive branch advocacy to clients in the environment, energy, and natural resources sectors. With considerable experience in and deep knowledge of environmental and resources law, Tom delivers sophisticated counsel to clients involved with energy and water pipelines, electric transmission projects, transportation facilities, hydropower and other energy generation assets, and other capital-intensive infrastructure projects. Tom currently serves as lead outside regulatory and litigation counsel to a major interstate electric transmission project and a major interstate natural gas pipeline project, and also recently led the successful permitting and siting effort for a 500 kV interstate electric transmission project.
Kerensa Gimre works with clients on a range of federal, state, and local regulatory topics, including the National Environmental Policy Act (NEPA), Clean Water Act (CWA), National Historic Preservation Act (NHPA), Marine Mammal Protection Act (MMPA), and Endangered Species Act (ESA). Kerensa counsels clients on regulatory compliance and advises on permitting issues. She also has experience commenting on agency rulemakings and assisting in environmental litigation matters. Kerensa recently co-authored the “Endangered Species Committee Report” in the American Bar Association’s 2021 Year in Review.