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Administration Issues “Legislative Outline for Rebuilding Infrastructure in America”

Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation,...more

EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule

On February 6, the new rule promulgated by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers which establishes an “applicability date” for the 2015 Rule redefining the regulatory definition of “Waters...more

EPA Will Publish a Final Rule Adding an “Applicability Date” to the June 2015 Redefinition of “Waters of the United States”

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have released a pre-publication copy of a Final Rule that was proposed on November 22, 2017 and which will soon be published in the...more

Tenth Circuit Lifts Abatement after SCOTUS’ NAM “Waters of the United States” Decision

On January 29, the U.S. Court of Appeals for the Tenth Circuit became the latest federal Court of Appeals to issue a ruling reviving federal District Court challenges to the 2015 Environmental Protection Agency’s (EPA)/U.S....more

In the Wake of the NAM Decision, Eleventh Circuit Dismisses WOTUS Rule-Related Appeal

On January 24, the U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal of a decision by the U.S. District Court for the Southern District of Georgia that denied a preliminary injunction that would have enjoined...more

The Fall 2017 Unified Federal Regulatory Agenda

The Office of Information and Regulatory Affairs Office of Management and Budget(Administration) has posted the Fall 2017 Agency Statements of Regulatory Priorities, and what follows is a selection of future environmental...more

District Court Grants Partial Relief to Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe But Denies Vacatur

On October 11, the U.S. States District Court for the District of Columbia issued its latest ruling on the Dakota Access Pipeline (DAP). The case is Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe v. US Army Corps of...more

Recap of Recent Oral Argument Before SCOTUS: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC

Last week, the U.S. Supreme Court heard oral argument in two significant cases: Nat’l Assoc. of Mfr. v. Dep’t of Defense and Jesner v. Arab Bank, PLC. In National Association of Manufacturers, the Court is being asked to...more

Environmental Case Law Update – 1st Six Months of 2017

On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more

“The Old Order Changeth, Yielding Place to New,” Executive Orders and Memorandums Directing Environmental and Regulatory Policy

New directions in environmental and regulatory policy are outlined in these Executive Orders and Presidential seal-300x207Memorandums that have been issued in the past few days: 1. An Executive Order, dated January 30,...more

Water Infrastructure Improvements for the Nation Act — Highlights

Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill. Title I of the Act is...more

Standing Rock Sioux Tribe’s Administrative Injunction Freezing Work on Dakota Access Oil Pipeline Dissolved

A few weeks ago, we noted that the U.S. District Court for the District of Columbia, in a decision reported on September 9, 2016, denied a motion for a preliminary injunction filed by the Standing Rock Sioux Reservation...more

District Court Rejects Petition for Preliminary Injunction to Stop Dakota Access Pipeline, Triggering Forceful Response by Federal...

On September 9, the U.S. District Court for the District of Columbia denied a motion for a Preliminary Injunction against the U.S. Army Corps of Engineers to stop the construction of the Dakota Access Pipeline, a pipeline...more

DC Court Confirms EPA May Reverse Its Position On Permit Issuance

In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more

Oil and Water: Proposed Redefinition of Waters of the U.S. Has Significant Implications for Domestic Operations

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACOE) have announced a new Nov. 14, 2014, deadline to submit comments to its much-debated redefinition of the term, “Waters of the United...more

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