Environmental review and justice
Environmental impact review (NEPA, SEQRA) and environmental justice rules for overburdened communities. What changed, the rules that apply and the dates ahead for projects in New Jersey, New York, Connecticut and Pennsylvania.
Latest briefings
- MediumNew Jersey
Federal: Highway, transit and rail agencies finalize new environmental review rules, in force September 1, 2026
The Federal Highway, Transit and Railroad administrations made their post-CEQ review rules final on September 1, 2026. They govern highway, transit and rail projects in all four states. Exclusion cost thresholds rise to $6 million and $35 million.
- MediumNew Jersey
New Jersey Supreme Court agrees to review the state's environmental justice permit rules
The Court granted review in July 2026 of the rules that can require denial of permits for new facilities in overburdened communities. The Appellate Division upheld them on January 5, 2026. No stay of the rules was reported; the questions include facilities next to such communities and what counts as a new facility.
In courtEnvironmental review & justice - MediumNew Jersey
New Jersey's top court will review environmental justice permit rules, which remain in force meanwhile
The appeal tests how the rules reach facilities next to overburdened communities and which operations count as new facilities that can be denied permits.
In courtEnvironmental review & justice
Rules 8
- New Jersey · N.J.S.A. 13:1D-157 et seq.; N.J.A.C. 7:1CEnvironmental justice review for listed facility types
- New Jersey · Executive Order No. 215 (1989)Environmental review of state-funded projects
- Federal · 16 U.S.C. 1536, 1538, 1539; 50 CFR Parts 17 and 402Federal endangered species review, including tree-clearing limits for bats
- Federal · 42 U.S.C. 4321 et seq.; 42 U.S.C. 4336aFederal environmental review (NEPA)
- Federal · 54 U.S.C. 306108; 36 CFR Part 800Historic preservation review for federal permits and funding (Section 106)
- New Jersey · N.J.S.A. 13:1B-15.128 et seq.; N.J.A.C. 7:4Review of public projects affecting historic sites
- New Jersey · Executive Order No. 5 (Sherrill, 2026)State permitting reform and shot clocks
- New Jersey · N.J.S.A. 23:2A; N.J.A.C. 7:25-4; 7:7A; 7:13; 7:50Threatened and endangered species habitat review