The House Select Subcommittee on the Coronavirus Crisis held a briefing on racial health disparities in the coronavirus crisis. Participants explained that communities of color have been disproportionately impacted by the...more
6/12/2020
/ Civil Investigation Demand ,
Congressional Investigations & Hearings ,
Coronavirus/COVID-19 ,
Disparate Impact ,
Inspector General ,
Nursing Homes ,
Personal Protective Equipment ,
Presidential Nominations ,
Public Health ,
Research and Development ,
State Attorneys General ,
Vaccinations
House Democratic leaders have released an updated calendar and letter detailing their legislative priorities for the remainder of the year and how the House will do its work as the coronavirus pandemic maintains a grip on the...more
The House this week will cast its first votes under a new proxy voting system. House Minority Leader Kevin McCarthy (R-CA), along with 20 other Republican lawmakers, filed a lawsuit this week challenging proxy voting, calling...more
Welcome to the first edition of WilmerHale's COVID-19 Oversight and Enforcement Report, a weekly roundup of notable congressional, executive branch, and state attorney general oversight and enforcement activity relating to...more
Colorado’s stay-at-home order expired on Sunday, April 26. It has been replaced by a new order, issued April 26, reflecting the state’s transition into the next phase of its COVID-19 response, termed “Safer at Home.” Colorado...more
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
Overview of the Updated CISA Guidance -
On April 17, the Cybersecurity and Infrastructure Security Agency (CISA), an agency within the Department of Homeland Security (DHS), issued the third version of its nonbinding...more
In response to the COVID-19 pandemic, governors of 49 states have issued executive orders restricting operations or closing categories of businesses and/or requiring residents to shelter-in-place. These orders vary...more
The COVID-19 pandemic has led to a number of rapid-fire legislative, executive, and regulatory responses in the U.S. States, counties, and cities have issued shelter-in-place and other emergency orders, causing certain...more
On March 22, 2020, Colorado Governor Jared Polis issued a statewide Executive Order mandating that all employers operating in the State of Colorado reduce their in-person workforce by fifty percent. The next day, Denver Mayor...more
The Trump Administration recently proposed amendments to the regulations implementing the National Environmental Policy Act (NEPA) - the most significant of which are likely to face legal challenge. The proposed regulations...more
On June 21, 2019, the U.S. Supreme Court held in Knick v. Township of Scott, Pennsylvania that property owners whose property is taken by local governments may bring claims for just compensation directly in federal court and...more
6/25/2019
/ 42 U.S.C. §1983 ,
Federal v State Law Application ,
Fifth Amendment ,
Inverse Condemnation ,
Just Compensation ,
Knick v Township of Scott Pennsylvania ,
Precedential Opinion ,
Property Owners ,
Reversal ,
SCOTUS ,
State Law Remedies ,
Takings Clause
On June 13, the US Forest Service announced a proposal to streamline environmental review of proposed projects on National Forest System land. The proposed rule would modify the agency’s regulations implementing the National...more
The unfortunate trend of increased wildfires across the western landscape continued in 2018, both as to the number of fires and the acreage burned. Most disturbing is the growing severity and impacts of these fires in terms...more
3/7/2019
/ Bureau of Land Management ,
CPUC ,
Damages ,
Department of the Interior ,
Executive Orders ,
Fires ,
NERC ,
New Legislation ,
PG&E ,
Public Policy ,
Regulatory Agenda ,
Strict Liability ,
Utilities Sector ,
Wildfires
On Tuesday, February 26, 2019, the U.S. House of Representatives voted to enact landmark legislation that promotes conservation, recreation, historical preservation and cultural resources across the country. The Natural...more
This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more
2/15/2019
/ Clean Water Act ,
Energy Sector ,
Environmental Review ,
Forestry ,
Infrastructure ,
Legislative Agendas ,
Natural Gas ,
NEPA ,
Oil & Gas ,
PHMSA ,
Regulatory Agenda ,
Transmission Grid ,
Trump Administration ,
Utilities Sector ,
Wildfires
This is the second issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from across...more
2/8/2019
/ Barack Obama ,
Bureau of Land Management ,
CEQ ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Deregulation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
FERC ,
Fuel Standards ,
Greenhouse Gas Emissions ,
MATS ,
Methane ,
Oil & Gas ,
Regulatory History ,
Rescission ,
Trump Administration
The Council on Environmental Quality (CEQ) today published an Advance Notice of Proposed Rulemaking (“Notice”) seeking public comment on a vast range of potential revisions to CEQ’s regulations implementing the National...more
This is the sixth issue of WilmerHale's 10-in-10 Infrastructure Series. In this series, our attorneys share insights on current and emerging issues affecting infrastructure project developers in the United States. Attorneys...more
3/30/2018
/ Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Due Process ,
Environmental Protection Act ,
Executive Orders ,
Infrastructure ,
National Environmental Policies ,
Non-Delegation Doctrine ,
Sierra Club ,
Tenth Amendment ,
Tribal Lands ,
Trump Administration ,
US-Mexico Border Wall ,
Waivers
Last week, the United States Court of Appeals for the Tenth Circuit held that excavation work performed by a private company when installing wind turbines constituted “mining” under the federal regulation governing mineral...more
Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National...more
In this eight-week alert series, we are providing a broad look at current and emerging issues facing the energy sector. Lawyers from across the firm are discussing issues ranging from cybersecurity, antitrust and intellectual...more
10/14/2016
/ Clean Water Act ,
Corporate Counsel ,
Endangered Species Act (ESA) ,
Environmental Protection Agency (EPA) ,
Land Parcels ,
Murr v Wisconsin ,
Regulatory Takings ,
SCOTUS ,
Takings Clause ,
US Fish and Wildlife Service ,
Young Lawyers
The US Department of Energy (DOE) and US Department of the Interior (DOI) recently announced an updated national strategy to facilitate the responsible development of offshore wind energy in the United States, with a goal of...more