Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
On-Demand Webinar | The New NEPA Regulations: A Practical Guide to What You Need to Know
How Trump's Infrastructure Plan Impacts the Energy Industry
The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more
On August 25, 2021, the Nantucket Residents Against Turbines (ACK RATs) filed a complaint challenging the recent Environmental Impact Statement (EIS) on the proposed Vineyard Wind project to build wind turbines off the...more
As the 2020 presidential campaign made clear, President-elect Biden plans to usher in a sharp shift in policy priorities across the federal government. We anticipate significant changes in the management of federal public...more
EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more
The greater sage-grouse is a chicken-like bird that is currently found in 11 western states. For more than 25 years, there has been considerable controversy concerning whether to list the greater sage-grouse for protection...more
On November 4, 2018, the U.S. District Court for the Eastern District of North Carolina granted summary judgment in favor of conservation organizations Red Wolf Coalition, Defenders of Wildlife, and Animal Welfare Institute...more
Late last week, the U.S. Fish and Wildlife Service withdrew two environmental policies adopted in late 2016 by the Obama administration that address mitigation for impacts to natural resources. These two policies established...more
DRECP under review in an effort to alleviate burdens on energy development. The Bureau of Land Management (BLM) recently issued a notice of intent to review the Desert Renewable Energy Conservation Plan (DRECP) for...more
The 9th Circuit Court of Appeals held that the U.S. Forest Service could validly rely on proxy approaches in determining whether a forest restoration project would adversely impact pine marten and fisher populations in the...more
The U.S. Bureau of Ocean Energy Management (BOEM) is embarking on several studies to better understand offshore resources and species. At the same time, fishing interests have sued BOEM to block an offshore wind lease,...more
On February 13, a sharply divided U.S. Court of Appeals for the Fifth Circuit , by a vote of 8 to 6, rejected a petition seeking an en banc rehearing of the court’s initial decision in the case of Markel Interests, LLC, et...more
The WilmerHale Energy, Environment and Natural Resources group was proud to represent Newmont Mining in working with state and federal entities, among other stakeholders, to develop a historic 1.5-million-acre voluntary,...more
The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more
On May 6, 2016, the U.S. Fish and Wildlife Service (“Service”) published its proposed revisions to the Bald and Golden Eagle Protection Act (“BGEPA”) permit program. The stated intention of these proposed revisions is to...more
On August 11, 2015, the United States District Court for the Northern District of California struck down a U.S. Fish and Wildlife Service (the “Service”) regulation that increased the maximum duration of programmatic permits...more
On August 11, 2015, the U.S. District Court for the Northern District of California struck down the U.S. Fish and Wildlife Service’s so-called “30-Year Rule,” which had extended from 5 years to 30 years the duration of...more
Nearly five years after issuing its initial draft, the White House Council on Environmental Quality (CEQ) continues to revise its draft guidance on conducting greenhouse gas (GHG) impact analyses under the National...more