John Strom and Peter Tomasi Quoted on Shift in Environmental Policy

Foley & Lardner LLP attorneys John Strom and Peter Tomasi commented on changes to federal environmental rules in the Utility Dive article, “Federal agencies, including FERC and DOE, revoke environmental review rules.”

Assessing the recission of the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations in response to a White House executive order, Strom and Tomasi wrote in a February 2025 blog cited in the article that it created “significant legal uncertainty” for project developers.

“Until federal courts establish a new ‘doctrine’ for sufficiency of NEPA review in the post-CEQ NEPA regulations world, the future for NEPA lawsuits will likely be fact- and court-specific, potentially leading to variation between circuits and greater uncertainty for infrastructure projects,” the authors added.

Their commentary also appeared in ESG Dive.