On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the...more
1/21/2026
/ Clean Water Act ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Infrastructure ,
Loper Bright Enterprises v Raimondo ,
Permits ,
Proposed Rules ,
Regulatory Oversight ,
Regulatory Reform ,
Section 401 ,
State and Local Government ,
Water Quality ,
Waters of the United States
On January 8, 2026, the U.S. Army Corps of Engineers finalized 57 Nationwide Permits first proposed in June of last year. Nationwide Permits (NWPs) are streamlined federal permits for activities that affect waters of the...more
1/14/2026
/ Clean Water Act ,
Data Centers ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Policies ,
Final Rules ,
Infrastructure ,
Oil & Gas ,
Permits ,
Pipelines ,
Renewable Energy ,
US Army Corps of Engineers ,
Water ,
Water Projects ,
Waters of the United States
On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the...more
12/11/2025
/ Abuse of Discretion ,
Administrative Procedure Act ,
Arbitrary and Capricious ,
Biden Administration ,
Clean Energy ,
Energy Projects ,
Energy Sector ,
Environmental Litigation ,
Executive Orders ,
Permits ,
Regulatory Freeze ,
Renewable Energy ,
Standing ,
Vacatur ,
Wind Power
Over the past decade, the definition of “waters of the United States” (WOTUS) has shifted repeatedly, creating uncertainty for permitting and project planning. Building on the Supreme Court’s Sackett v. EPA decision, the EPA...more
11/24/2025
/ Clean Water Act ,
Comment Period ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Exclusions ,
Jurisdiction ,
NPDES ,
Permits ,
Proposed Rules ,
Regulatory Reform ,
Sackett v EPA ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) proposed revisions to the Endangered Species Act (ESA) regulations that, if finalized, will generally...more
11/24/2025
/ Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Notice of Proposed Rulemaking (NOPR) ,
NPRM ,
Proposed Rules ,
Public Comment ,
Regulatory Reform ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Trump Administration ,
US Fish and Wildlife Service
In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more
8/13/2025
/ Appeals ,
Citizen Suits ,
Dams ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Litigation ,
Environmental Policies ,
Federal Power Act ,
FERC ,
Hydropower ,
Incidental Take Permits ,
Infrastructure ,
Judicial Review ,
Jurisdiction ,
Licensing Rules
The frenetic pace of anti-renewable actions from the U.S. Department of the Interior (DOI) has continued into this week with the issuance of a new memorandum from Greg Wischer, deputy chief of staff for policy, directing the...more
8/7/2025
/ Bald and Golden Eagle Protection Act ,
Department of the Interior ,
Endangered Species ,
Enforcement Actions ,
Government Agencies ,
Infrastructure ,
Permits ,
Regulatory Oversight ,
Renewable Energy ,
Trump Administration ,
US Fish and Wildlife Service ,
Wind Power
During the week of July 28, the Trump administration unleashed a new burst of actions aimed squarely at blocking wind and solar energy with the announcement of two new secretarial orders (SO) and three new policies by the...more
8/5/2025
/ Department of the Interior ,
Department of Transportation (DOT) ,
Energy Policy ,
Energy Projects ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
Renewable Energy ,
Solar Energy ,
Wind Power
In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National...more
7/10/2025
/ Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Deregulation ,
Environmental Policies ,
Executive Orders ,
Final Rules ,
Government Agencies ,
NEPA ,
New Guidance ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
USDA
On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more
7/10/2025
/ CEQ ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Executive Orders ,
Federal Power Act ,
FERC ,
Final Rules ,
Hydropower ,
NEPA ,
Regulatory Reform ,
Rulemaking Process
On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more
6/11/2025
/ Comment Period ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Government Agencies ,
Habitat Conservation Plan ,
Permits ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Fish and Wildlife Service
On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more
6/2/2025
/ Chevron Deference ,
Energy Projects ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Infrastructure ,
Judicial Authority ,
NEPA ,
Oil & Gas ,
Railways ,
Rulemaking Process ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member...more
5/9/2025
/ Biodiversity ,
California ,
California Endangered Species Act ,
Clean Energy ,
Conservation ,
Endangered Species ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Housing Market ,
Infrastructure ,
Net Zero ,
Permits ,
Proposed Legislation ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
State Department of Fish and Wildlife ,
Wildlife Protection
On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more
4/21/2025
/ Chevron Deference ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Statutory Interpretation ,
Trump Administration ,
US Fish and Wildlife Service
On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for...more
4/11/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Climate Change ,
Deregulation ,
Energy Policy ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Regulatory Reform ,
Trump Administration
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more
2/21/2025
/ Administrative Procedure Act ,
Audubon Society ,
CEQ ,
Energy Projects ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Final Rules ,
Interim Final Rules (IFR) ,
NEPA ,
Regulatory Reform ,
Trump Administration
President Trump hit the ground running, issuing more executive orders, memoranda, and other actions on Inauguration Day than any previous president. Agencies are already working to implement those actions. Many of the actions...more
2/13/2025
/ Clean Energy ,
Climate Change ,
Endangered Species Act (ESA) ,
Energy Policy ,
Environmental Justice ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
NEPA ,
PFAS ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
Sustainability ,
Trump Administration
This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more
Newly confirmed Interior Secretary Doug Burgum wasted little time implementing many of President Trump’s initial energy executive orders (EOs), unleashing a round of Secretary’s Orders (SOs) this past Monday that push fossil...more
2/6/2025
/ Energy Policy ,
Environmental Policies ,
Executive Orders ,
Fossil Fuel ,
Infrastructure ,
Mining ,
Offshore Drilling ,
Oil & Gas ,
Outer Continental Shelf ,
Regulatory Reform ,
Renewable Energy ,
Secretary of the Interior ,
Trump Administration
Among President Donald Trump’s directives issued on his first day in office was a Presidential Memorandum targeting wind energy, which has been a significant source of new electricity generation in the United States over the...more
1/23/2025
/ Clean Water Act ,
Department of Justice (DOJ) ,
Department of the Interior ,
Endangered Species Act (ESA) ,
Energy Policy ,
Energy Reform ,
Executive Orders ,
NEPA ,
Offshore Wind ,
Regulatory Reform ,
Renewable Energy ,
Trump Administration ,
Wind Power
The march toward mandated corporate disclosures for climate-related risks continues. Despite significant pushback and substantial legal challenges, state legislatures and regulators are continuing to advance laws and rules...more
10/15/2024
/ California ,
CARB ,
Climate Action Plan ,
Climate Change ,
Corporate Governance ,
Corporate Social Responsibility ,
Disclosure Requirements ,
Environmental Social & Governance (ESG) ,
Greenhouse Gas Emissions ,
New Legislation ,
Pollution Control ,
Publicly-Traded Companies ,
Regulatory Reform ,
Securities and Exchange Commission (SEC)
A recent conference led by Connecticut Attorney General (AG) William Tong discussed the alleged problems and potential solutions associated with plastics use and waste. Conference attendees included nearly two dozen...more
10/1/2024
/ California ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Plastics ,
Pollution Control ,
Product Packaging ,
Public Health ,
State and Local Government ,
State Attorneys General ,
Toxic Chemicals
Phishing scams can pop up anywhere, as evidenced by the U.S. Environmental Protection Agency (EPA) Office of Inspector General’s recent alert regarding fraudulent Notice of Violation letters (NOVs)....more
At its May 23 open meeting, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR), proposing to establish a one-year “reasonable period of time” for certifying authorities to act on...more
6/5/2024
/ Clean Water Act ,
Energy Policy ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
FERC ,
Final Rules ,
Hydropower ,
Infrastructure ,
Notice of Proposed Rulemaking (NOPR) ,
Proposed Rules ,
Section 401 ,
Water ,
Water Quality
Join Troutman Pepper Partners Andrea Wortzel and Byron Kirkpatrick as they delve into the burgeoning world of Electric Vehicle (EV) plant development in the southeastern U.S. and beyond. In addition to exploring the factors...more