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Josh Kaplowitz

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Josh focuses his practice on regulatory, policy, contractual, and litigation matters related to offshore wind and renewable energy. With extensive experience in both the public and private sectors, he has a deep understanding of the legal landscape surrounding offshore wind projects.

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UPDATE

On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977. The IFR takes effect immediately and bypasses the usual public notice and comment process for rulemakings by invoking the “good cause” exception in the Administrative Procedures Act (APA)[1], although its publication in the Federal Register will trigger a 30-day public comment period.

This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden administration’s Phase 2 National Environmental Policy Act (NEPA) rule on the grounds that the Council on Environmental Quality (CEQ) overstepped its authority when it first promulgated NEPA regulations in 1978. This decision was just the latest in a series of falling dominos over the past three months that have completely upended NEPA practice both inside and outside of the federal government.

Among President Donald Trump’s directives issued on his first day in office was a Presidential Memorandum targeting wind energy, which has been a significant source of new electricity generation in the United States over the past decade, totaling around 10% of utility-scale generation. Among other things, the Memorandum “temporarily” withdraws…