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Clean Water Act › Endangered Species Act (ESA) › National Environmental Policy Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Nossaman LLP

Recent Updates to Federal Environmental and Natural Resource Regulations

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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

Nossaman LLP

[Webinar] Recent Updates to Federal Environmental and Natural Resource Regulations - August 28th, 12:00 pm - 1:30 pm PT

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Updates to federal environmental and natural resource regulations and recent consequential decisions of the U.S. Supreme Court have resulted in a significant shift to the federal environmental and natural resource landscape...more

Bracewell LLP

Offshore Wind Litigation: Court Denies Fishing Groups’ Challenge to Major Offshore Wind Project

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Judge Indira Talwani of the US District Court for the District of Massachusetts has rejected another challenge to federal permits and approvals for the Vineyard Wind Project (Vineyard Wind or the Project). Vineyard Wind is...more

Pierce Atwood LLP

DOE Issues Proposed Rules to Accelerate Permitting and Enable More Rapid Deployment of Interstate Transmission Projects

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On August 10, 2023, the Department of Energy (“DOE”) issued a Notice of Proposed Rule Making (“NOPR”) proposing to establish an integrated Coordinated Interagency Transmission Authorizations Program (“CITAP Program”) that...more

Davis Wright Tremaine LLP

SCOTUS Whacks WOTUS, Reducing Protection of American Wetlands

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In Sackett v. EPA, the U.S. Supreme Court delivered a massive blow to EPA's ability to regulate wetlands under the Clean Water Act ("CWA"). Addressing the "nagging question" about the reaches of the CWA, Justice Alito, joined...more

Troutman Pepper

Tenth Circuit Resolves Jurisdictional Dispute, Finds FPA Jurisdictional Limit Does Not Apply to Non-FERC Agency Orders

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On September 30, the U.S. Court of Appeals for the Tenth Circuit issued an opinion in Save the Colorado, et al. v. Spellmon. The case arose from various conservation group challenges to the U.S. Army Corps of Engineers...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wetlands/Clean Water Act: Environmental Organizations File U.S. District Court Action Challenging U.S. Army Corps of Engineers 404...

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The South Carolina Conservation League and three other environmental organizations filed an August 17th Complaint in the United States District Court (District of South Carolina) challenging the United States Army Corps of...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

Mitchell, Williams, Selig, Gates & Woodyard,...

404/Clean Water Act: U.S. House Committee on Transportation and Infrastructure Request that Trump Administration Nationwide...

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The Chairman of the United States House of Representatives Committee on Transportation and Infrastructure, Peter DeFazio (“Chairman”), sent an October 13th letter to the Biden Administration addressing Section 404 Clean Water...more

Nossaman LLP

On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Nossaman LLP

[Webinar] Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate - June 15th, 11:00 am - 12:30 pm...

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Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

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The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Beveridge & Diamond PC

Idaho Congressman Proposes “Salmon and Energy Concept” To Breach Lower Snake River Dams

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On February 6, 2021, Rep. Mike Simpson (R-ID) proposed legislation that would breach four dams on the Lower Snake River while requiring the power, transportation, and irrigation benefits of the dams to be replaced and...more

Pillsbury - Gravel2Gavel Construction & Real...

Environmental Law – The Year in Review

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JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

Vinson & Elkins LLP

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

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News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

Pillsbury Winthrop Shaw Pittman LLP

Energy 2021: USA

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Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around

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Our latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay....more

Bricker Graydon LLP

U.S. Supreme Court limits Nationwide Permit 12 injunction to Keystone XL pipeline

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On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more

Bricker Graydon LLP

Army Corps asks U.S. Supreme Court to stay vacatur and injunction of NWP12, pending appeal

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Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more

Pillsbury Winthrop Shaw Pittman LLP

President’s Executive Order to Expedite Environmental Reviews of Infrastructure Pushes the Envelope on the Interpretation of...

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The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil Spill Response Plan/Clean Water Act: Federal Appellate Court Addresses Endangered Species Act/National Environmental Policy...

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The United States Court of Appeals, Sixth Circuit (“Court”), in a June 5th opinion addressed a challenge to the Pipeline and Hazardous Materials Safety Administration’s approval of an oil pipeline response plan. See National...more

Nossaman LLP

Trump Executive Order: Environmental Streamlining or Political Quagmire?

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On June 4, 2020, President Trump signed an executive order to provide federal agencies the foundation to speed up environmental permitting in the wake of COVID-19. ...more

Downey Brand LLP

Trump Signs Executive Order Allowing Agencies to Bypass NEPA, ESA, and CWA Requirements

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On June 4, 2020 President Trump signed an Executive Order titled “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” allowing—and, in fact,...more

Beveridge & Diamond PC

President Trump Orders Expanded Use of Emergency Powers to Streamline Infrastructure

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On Thursday, June 4, 2020, President Trump signed an Executive Order (EO) on “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.” Relying on...more

Alston & Bird

President Issues Executive Order on Expediting Infrastructure Investments

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Our Environment, Land Use & Natural Resources Group reviews the practical regulatory impact of President Trump’s Executive Order allowing agencies to use emergency authority to bypass environmental regulations....more

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