Recent Updates to Federal Environmental and Natural Resource Regulations
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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
In Save North Petaluma River and Wetlands v. City of Petaluma (Nov. 14, 2022, A163192) __Cal.App.4th__ [2022 Cal. App. LEXIS 1009], the First District Court of Appeal held that the City of Petaluma (City) did not violate CEQA...more
U.S. Supreme Court leans toward limiting scope of Clean Water Act - U.S. News & World Report – October 3 - U.S. Supreme Court justices on October 3 appeared open to limiting the reach of the U.S. Environmental Protection...more
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
On October 14, 2021, the U.S. Fish and Wildlife Service (Service) issued a proposed rule to list the bog buck moth (Hemileuca maia menyanthevora) (= H.iroquois) as endangered under the Endangered Species Act (ESA)....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
In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more
On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...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
The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more
The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more
Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more
On June 11, 2013, the Army Corps of Engineers (“Corps”) issued a new Endangered Species Guidance Document (“Guidance”) on the Section 7 consultation requirement for federal discretionary actions. While focused primarily on...more