In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections. The Service has repealed a Trump-era rule that excluded incidental take...more
10/8/2021
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Incidental Take Permits ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Regulatory Reform ,
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US Fish and Wildlife Service
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
8/16/2021
/ Critical Habitat ,
Endangered Species Act (ESA) ,
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Motion To Enjoin ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Pipelines ,
Section 7 ,
US Army Corps of Engineers ,
Vacatur ,
Waters of the United States
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
6/15/2021
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Clean Water Act ,
Climate Change ,
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Electricity ,
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Executive Orders ,
Guidance Documents ,
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Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Zoning Laws
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
5/26/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Continuing Legal Education ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
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Executive Orders ,
Guidance Documents ,
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Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
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Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Webinars ,
Zoning Laws
On May 7, 2021, the U.S. Fish and Wildlife Service (USFWS), as many anticipated, published a proposed rule to revoke a Trump Administration rule impacting the scope of the Migratory Bird Treaty Act (MBTA). The Trump...more
On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds....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
7/14/2020
/ Construction Industry ,
Continuing Legal Education ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Litigation ,
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Executive Orders ,
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Migratory Bird Treaty Act (MBTA) ,
National Historic Preservation Act ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Risk Management ,
Waters of the United States ,
Webinars
Yesterday, the U.S. Army Corps of Engineers (Corps) appealed to the United States Court of Appeals for the Ninth Circuit the decision of a lower court to vacate nationwide permit 12 (NWP 12) until the Corps completes...more
On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more
4/19/2020
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Energy & Climate Debates ,
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Keystone XL Pipeline ,
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US Army Corps of Engineers ,
Vacated