Ankur Tohan

Ankur Tohan

K&L Gates LLP

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Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

8/19/2014 - Clean Water Act Critical Habitat ESA Fish and Wildlife Service National Marine Fisheries Service Permits Proposed Regulation US Army Corps of Engineers

Facing Two Strikes, EPA Gets a Hit: Supreme Court Upholds EPA Cross-State Air Pollution Rule

Two years ago, we reported that the D.C. Circuit vacated and remanded the U.S. Environmental Protection Agency’s (“EPA”) second attempt at regulation of air pollution crossing state borders. Facing two strikes, EPA swung for...more

5/2/2014 - Air Pollution Clean Air Act Cross-State Air Pollution Environmental Policies EPA EPA v EME Homer City SCOTUS Transport Rule

Koontz: The latest chapter in land use permitting and takings

In a landmark environmental case, the United States Supreme Court expanded the scope of potential governmental liability for takings. In Koontz v. St. Johns River Water Mgmt. Dist, 133 S. Ct. 2586 (2013), the Court held that...more

11/25/2013 - Dolan v City of Tigard Koontz v St John's River Water Management Nexus Nollan v California Coastal Commission Rough Proportionality Test SCOTUS Takings

The New 2013 Eagle Conservation Plan Guidance: Certainty for the Industry or Dust in the Wind?

The new Eagle Conservation Plan Guidance issued by the U.S. Fish & Wildlife Service (“FWS”) presents an interesting question for wind project developers and operators – does it really provide greater certainty and reduce...more

5/30/2013 - Bird Fatalities Department of Fish and Wildlife Renewable Energy Wind Power

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