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Expert Analysis

Montana Ruling Reaffirms Record-Based Enviro Analyses

By J. Michael Showalter, Katie Heilman and Rebecca Foreman ( January 9, 2026, 3:04 PM EST) -- Over the past year, both the executive branch and the courts sought to pare back certain stringent aspects of National Environmental Policy Act reviews. However, a decision issued last month illustrates that agencies cannot defer conducting NEPA-required reviews until after project approval....

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