Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more
6/9/2025
/ Administrative Procedure Act ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Judicial Review ,
Loper Bright Enterprises v Raimondo ,
NEPA ,
Oil & Gas ,
Railroads ,
Regulatory Reform ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation ,
Surface Transportation Board
Two recent developments signal important changes to the current administration’s position on incidental take under the Migratory Bird Treaty Act (“MBTA”)...more
Last week, the Supreme Court held oral argument in Federal Communications Commission v. Consumers’ Research. The case addresses the Federal Communications Commission’s Universal Service Fund programs aimed at providing...more
3/31/2025
/ Administrative Agencies ,
Clean Air Act ,
Clean Water Act ,
Constitutional Challenges ,
Environmental Protection Agency (EPA) ,
Gundy v United States ,
Legal History ,
Non-Delegation Doctrine ,
Safe Drinking Water Act ,
SCOTUS ,
Telecommunications ,
Universal Service Fund
On February 29, 2025, President Trump issued an executive order requiring agencies to identify suspect regulations for regulatory roll back within 60 days. ...more
On November 22, 2024, the U.S. Supreme Court granted two petitions for certiorari to review the U.S. Court of Appeals for the Fifth Circuit’s (Fifth Circuit) en banc decision in Consumers’ Research v. Federal Communications...more
11/26/2024
/ Administrative Agencies ,
Certiorari ,
Constitutional Challenges ,
En Banc Review ,
FCC ,
Lifeline Program ,
Loper Bright Enterprises v Raimondo ,
Mootness ,
Non-Delegation Doctrine ,
SCOTUS ,
Sovereign Immunity ,
Split of Authority ,
Sua Sponte
In this series of articles, your WBD team explores the pathways to finding a balance between responsible regulatory oversight and allowing mining projects for critical minerals to receive timely permitting approvals so they...more