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Implications of Recent Supreme Court Decisions on Administrative, Environmental and Natural Resources Law

The final days of the U.S. Supreme Court’s 2023 term saw the release of several decisions that may – or may not, depending on one’s perspective and desired strategy – hold significant implications for administrative law...more

FWS and NMFS Return to Stricter ESA Rules and Reverse Recent Streamlining Measures

The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together the Services) have issued three final rules effective May 6, 2024...more

Army Corps of Engineers Proposes to Rescind Its Specific Approach to Historic Properties

The U.S. Army Corps of Engineers (the Corps) recently proposed eliminating its longstanding process and requirements for compliance with Section 106 of the National Historic Preservation Act (NHPA). The proposed rule would...more

FWS Issues Streamlined General Permits for Incidental Take of Eagles

On February 12, 2024, the United States Fish and Wildlife Service (FWS) published a final rule that created several long-awaited general permits under the Bald and Golden Eagle Protection Act (Eagle Act) to authorize...more

Effective Immediately: Agencies Mirror Sackett Restrictions For WOTUS

The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the Agencies) issued a straight-to-final-rule revised definition of “waters of the United States” (WOTUS) on August 29, 2023. This...more

White House Proposes to Again Overhaul NEPA Regulations

On July 31, 2023, the White House Council on Environmental Quality (CEQ) proposed to update its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. Reflecting the increasingly...more

BLM Proposes Rule to Further Promote Solar and Wind Development on Federal Lands

The Bureau of Land Management (BLM) published a Proposed Rule on June 16, 2023, that would, if adopted, amend its existing right-of-way regulations to promote solar and wind energy development on public lands administered by...more

Biden Administration Initiates Ocean Justice Strategy

On June 8, 2023, the White House Council on Environmental Quality (CEQ) and Office of Science and Technology Policy (OSTP), on behalf of the Ocean Policy Committee (OPC), announced the development of a new “Ocean Justice...more

Supreme Court Narrows CWA Jurisdiction Over Waters of the U.S.

On May 25, the U.S. Supreme Court issued its long-awaited decision in Sackett v. EPA, No. 21-454, holding that Clean Water Act (CWA) jurisdiction extends to wetlands only if they have a continuous surface connection to...more

U.S. Department of Interior Proposes New Conservation Framework

In April 2023, the Bureau of Land Management (BLM) published a proposed rule that would apply new “land health” standards to all BLM-managed public lands and programs. This new policy will have broad implications for federal...more

Supreme Court Narrows Dormant Commerce Clause Protections Against Regulation of Business in Decision Affirming California Pork Law

The dormant Commerce Clause is one of the oldest constitutional doctrines, dating to the early 1800s. The Commerce Clause of the Constitution gives Congress the authority to regulate interstate commerce, and the dormant...more

New Biden Executive Order Continues to Advance Environmental Justice Agenda

Today, President Biden signed a new executive order further directing all federal agencies to prioritize environmental justice (EJ) initiatives in their core missions. The Executive Order, entitled Revitalizing Our Nation’s...more

FWS Revising ESA Permit Regulations to Improve Efficiency

Securing Endangered Species Act (ESA) incidental take and other voluntary permits often requires so much time and money that their many compliance, streamlining, and conservation benefits can go unrealized. The U.S. Fish and...more

BOEM Proposes to Streamline Offshore Wind Projects

The Bureau of Ocean Energy Management (BOEM) recently released for public comment a notice of proposed rulemaking (NPRM) that would, if adopted, comprehensively update its Outer Continental Shelf (OCS) renewable energy...more

Clean Water Act Jurisdiction Over Waters of the U.S. Redefined Yet Again

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced a final rule once again updating the definition of “waters of the United States” (WOTUS) and,...more

Inflation Reduction Act Signed Into Law, Committing $370 Billion to Action on Climate and Energy

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law. The IRA includes a host of programs aimed at addressing climate change and energy production. These include, for example, major new or...more

U.S. Senate Passes the Inflation Reduction Act, Committing $370 Billion to Action on Climate and Energy

After months of intense, and at times acrimonious, negotiations among the Democratic caucus, the United States Senate on August 7, 2022, passed the Inflation Reduction Act (IRA). The IRA includes a host of programs aimed at...more

Department of Justice Takes Historic Action to Prioritize Environmental Justice in Enforcement: What Does it All Mean and What is...

On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...more

CEQ Reverses First Set of Trump-Era NEPA Regulatory Reforms

On April 20, 2022, the White House Council on Environmental Quality (CEQ) published a final rule rolling back minor regulatory changes to the National Environmental Policy Act (NEPA) review process that it had promulgated in...more

Army Corps Signals Narrowing Nationwide Permit 12

The U.S. Army Corps of Engineers (Corps) recently published notice that it is initiating a formal review of Nationwide Permit (NWP) 12 a little over a year after its latest iteration took effect. NWP 12, which serves as a...more

FWS Proposes Uplisting Northern Long-Eared Bat to Endangered Status

Project development east of the Rocky Mountains may be about to become exponentially more difficult in light of a new proposal under the Endangered Species Act (ESA). On March 23, 2022, the U.S. Fish & Wildlife Service (FWS)...more

U.S. Supreme Court Positioned to Finally Resolve Scope of Federal Jurisdiction Over Remote Wetlands

On January 24, 2022, the U.S. Supreme Court (SCOTUS) granted review of Sackett v. EPA, apparently with the sole purpose of deciding once and for all “the proper test for determining whether wetlands are ‘waters of the United...more

Biden Administration to Revoke Trump-Era ESA Regulations Focused on Habitat

On October 27, 2021, the Biden administration proposed two new rules to roll back its predecessor’s regulatory clarifications involving habitat under the Endangered Species Act (ESA). Under the first proposal, the United...more

Incidental Take of Migratory Birds Once Again a Federal Crime; FWS Considering New Permitting Program

After a brief hiatus, incidental take of migratory birds will again be a federal crime beginning December 3, 2021. Less than 10 months after instituting a final rule declaring that incidental take of birds is not subject to...more

Arizona Court Vacates Navigable Waters Protection Rule: What it Means for Your Project

In a recent decision, a federal judge in Arizona vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR) and remanded the rulemaking back to U.S. Environmental Protection Agency and the U.S. Army Corps of...more

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