Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
In an order filed Tuesday, U.S. District Judge Terrence Boyle denied a private property owner’s effort to enjoin the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers from enforcing their September 2023...more
We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more
In a landmark decision, a federal court has ruled against the Environmental Protection Agency (EPA) and U.S. Fish and Wildlife Service, determining that their approval of Florida’s takeover of the Clean Water Act wetlands...more
“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more
Bats in the Belfry and Water under the Bridge...New Federal Regulations Developers Need to Know - In recent months, the federal government has issued various regulations that developers need to consider before they...more
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
For the first time in modern history, the scope of federal regulation of wetlands and waters is strikingly clear . . . and narrow. In Sackett v. EPA, the U.S. Supreme Court drew the brightest and most narrow regulatory...more
On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more
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
The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more
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
Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges in recent months. Some of these challenges stem from changes in...more
The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more
California and 15 other states sue EPA over new rule reducing reach of federal jurisdiction over waterways - San Francisco Chronicle – May 1 - A coalition of 16 states led by California and New York sued the U.S....more
The Sierra Club filed on April 30th a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the discharge of dredged or fill material into waters...more
The Waterkeeper Alliance and a number of other environmental organizations (collectively “Waterkeeper”) sent a February 13th Notice of Intent to Sue (“NOI”) to the United States Environmental Protection Agency and United...more
With recent changes in state and federal leadership, as well as continuing developments from the Trump Administration, this seminar is a must-attend event for anyone involved in land use, zoning, environmental permitting,...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
Federal environmental requirements and regulations have been relaxed (or are proposed to be relaxed) since President Trump was elected, but those environmental regulatory changes have not yet realized benefits for renewable...more
This is the second issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States....more
The Center for Biological Diversity and a number of other organizations (collectively “CBD”) submitted a February 14th Notice of Intent to Sue alleging that the United States Environmental Protection Agency and the Army Corps...more
On February 9, 2018, Nossaman veteran Environmental Law attorney Steven Quarles will be serving as a member of the faculty for the American Law Institute (ALI) CLE program, Environmental Law 2018. The full conference, held...more
I. UNITED STATES: CHEMICAL FORECAST - Predictions and Outlook for the U.S. Environmental Protection Agency’s Office of Chemical Safety and Pollution Prevention 2018 - What a difference a year makes. To some extent, the...more