Uploaded May 2026 | Updated September 2026, 2 weeks ago
The National Environmental Protection Act has been inseparable from capacity construction for over half a century. But the ground is shifting under NEPA and the overlapping fields of federal, state, and local permitting issues. Did the Mountain Valley Pipeline litigation prove the status quo litigation works, or is it in need of reform? After the Council on Environmental Quality rescinded its NEPA implementing regulations, what procedures will other federal agencies adopt—and how will they affect permitting for AI infrastructure? How did the Supreme Court’s Seven County Infrastructure Coalition decision change private and government approaches to litigation? And will AI speed up or slow down the permitting process?
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
The National Environmental Protection Act has been inseparable from capacity construction for over half a century. But the ground is shifting under NEPA and the overlapping fields of federal, state, and local permitting issues. Did the Mountain Valley Pipeline litigation prove the status quo litigation works, or is it in need of reform? After the Council on Environmental Quality rescinded its NEPA implementing regulations, what procedures will other federal agencies adopt—and how will they affect permitting for AI infrastructure? How did the Supreme Court’s Seven County Infrastructure Coalition decision change private and government approaches to litigation? And will AI speed up or slow down the permitting process?
* * * * *
As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
