Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
In May, the U.S. Fish and Wildlife Service (“Service”) announced a proposed rule revoking the Trump administration’s final rule on incidental take under the Migratory Bird Treaty Act (“MBTA”). In the January 7, 2021 final...more
Thirty-nine environmental organizations transmitted a January 28th letter to Kevin Shea, Acting Secretary of the United States Department of Agriculture (“USDA”), requesting that it immediately: . . . implement a targeted,...more
On January 7, the Department of the Interior (“DOI”) published a final rule codifying its previously announced interpretation that the Migratory Bird Treaty Act (“MBTA”) applies only to intentional acts directed at migratory...more
White House directs agencies to relax enforcement - Los Angeles Times – September 9 - A memorandum produced by the White House Office of Management and Budget and sent to federal agency heads last week instructs them to...more
As discussed in this previous post, the federal government’s regulation of methane for the oil and gas industry — both from the Department of Interior on public land, and from EPA — continues to swing back and forth due to...more
The Trump Administration’s efforts to clarify the scope of liability under the Migratory Bird Treaty Act (MBTA) suffered a setback when the U.S. District Court for the Southern District of New York concluded that the statute...more
On Aug. 11, 2020, a federal district court overturned the Trump administration’s 2017 interpretation of the Migratory Bird Treaty Act (“MBTA”). The MBTA implements four international conservation treaties and is intended to...more
The Migratory Bird Treaty Act (“MBTA”) was first adopted in 1918, and for most of its existence the Department of the Interior (“DOI”) interpreted it to prohibit any taking or killing of migratory birds, intentional or not. ...more
Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more
On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more
Dominion Energy and Duke Energy Cancel Construction of Atlantic Coast Pipeline - "Despite a recent win for the project in the US Supreme Court, ongoing delays, litigation and an expected increase in costs threatened the...more
On February 3rd, the U.S. Fish and Wildlife Service (USFWS) published a Notice of Proposed Rulemaking that would completely eliminate criminal penalties for “incidental” migratory bird deaths under the Migratory Bird Treaty...more
Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more
Trump Infrastructure Proposal Impacts 'Virtually Every' Federal Decision on Environment: DOI Secretary - "Trump's announcement focused largely on road and highway impacts, but industry groups and environmentalists note the...more
There has been much coverage and misinformation in the public discourse regarding Interior’s recently-announced revisions of regulations to implement the Endangered Species Act (ESA). Doug Wheeler and Hilary Tompkins bring...more
In 2016, DOI Secretarial Order 3338 imposed a moratorium on new coal leases on federal land until BLM prepared a programmatic environmental impact statement intended to address, among other issues, the impact of coal leasing...more
In the continuing a series of Trump deregulation failures, a federal judge in the Northern District of California rejected in harsh terms an effort by the Department of the Interior (DOI) to replace the Valuation Rule for...more
Focus - California sues Trump Administration for auto emissions data - San Francisco Chronicle - April 5 - The California Air Resources Board sued the U.S. Environmental Protection Agency (EPA) and National Highway...more
This is the inaugural issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector....more
On December 28, 2018, the Department of the Interior (DOI) published proposed changes to its rules governing how it processes requests for records under the Freedom of Information Act (FOIA) and provided a 30-day timeframe in...more
On October 1st, the U.S. Supreme Court declined to review a Ninth Circuit Court of Appeals decision in a case that could have reopened an area of Arizona located north of the Grand Canyon and south of Utah, known as the...more
The Trump Administration issued a document on October 19th titled: Presidential Memorandum on Promoting the Reliable Supply and Delivery of Water in the West (“Memorandum”)...more
The Utah coal industry has benefited from recent reforms in federal coal leasing, permitting and streamlining of environmental review under the National Environmental Policy Act (“NEPA”). During the previous administration,...more
Amidst much fanfare, on Friday President Trump released a Presidential Memoranda (much like an Executive Order, yet different?) directing Federal agencies to work together to reduce regulatory burdens on Western water...more
This week, the media has reported two changes in key roles at the Department of the Interior (“DOI”) and U.S. Fish and Wildlife Service (“USFWS”). Greg Sheehan has reportedly left his role as Principal Deputy Director of...more