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Three Steps Forward, Two Steps Back: the Biden Administration's Revised NEPA Rules

On Wednesday, 20 April, the Council on Environmental Quality (CEQ) finalized its first of two phases of rulemaking updates to the National Environmental Policy Act (NEPA) regulations (the 2022 Rule). The 2022 Rule unwinds a...more

A New Normal? Trump Administration Retooling of Core NEPA Elements

INTRODUCTION - On 15 July 2020, the Trump administration—through the Council on Environmental Quality (CEQ)—released its long-anticipated overhaul to the regulations that implement the National Environmental Policy Act’s...more

COVID-19: President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

The Trump administration issued two executive orders (EOs) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and...more

Finally Finality? The Trump Administration’s Answer to One of Environmental Law’s Most Contested Questions: What Are “Waters of...

On January 23, 2020, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) finalized the Navigable Waters Protection Rule (Rule) to define “waters of the United States” (WOTUS). ...more

Trump Administration Begins “Round 4” in the Battle Over Clean Water Act Jurisdiction

Last month the Trump Administration announced a proposed rule that would dramatically reduce the scope of federal authority under the Clean Water Act (“Act”). If finalized in its current form, the rule would eliminate federal...more

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