The Trump Administration has issued a Presidential Memorandum, "Updating Permitting Technology for the 21st Century," aimed at modernizing and streamlining the federal environmental review and permitting processes through...more
5/16/2025
/ Environmental Policies ,
Environmental Review ,
Executive Orders ,
Expedited Actions Process ,
Information Technology ,
Infrastructure ,
Investment Opportunities ,
Land-Use Permits ,
NEPA ,
Regulatory Reform ,
Technology ,
Trump Administration
The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more
2/26/2025
/ Administrative Agencies ,
Audubon Society ,
Biden Administration ,
CEQ ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Interim Final Rules (IFR) ,
Judicial Review ,
NEPA ,
Permits ,
Regulatory Reform ,
SCOTUS ,
Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more
2/5/2025
/ Administrative Authority ,
Biden Administration ,
CEQ ,
En Banc Review ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Judicial Authority ,
Judicial Review ,
NEPA ,
Regulatory Authority ,
Trump Administration
This Holland & Knight alert provides a summary of President Donald Trump's Wind Energy EO, an overview of the offshore wind leasing process and considerations for current lessees regarding potential outcomes and legal...more
2/5/2025
/ BOEM ,
Contract Termination ,
Contract Terms ,
Department of Energy (DOE) ,
Department of the Interior ,
Energy Policy ,
Environmental Policies ,
Executive Orders ,
Leases ,
Offshore Wind ,
Outer Continental Shelf ,
Public Contracts ,
Regulatory Requirements ,
Renewable Energy
In a surprise decision likely to add further fuel to the fires calling for permitting reform and uncertainty to the environmental review process for federal funding and approval, the U.S. Court of Appeals for the District of...more
11/27/2024
/ Building Permits ,
CEQ ,
Environmental Assessments ,
Environmental Policies ,
Environmental Review ,
Land-Use Permits ,
Legal History ,
NEPA ,
Permits ,
Phase II ,
Real Estate Development ,
Regulatory Authority ,
Regulatory History ,
Rulemaking Process ,
Statutory Authority
The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more
3/26/2024
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Infrastructure Investment and Jobs Act (IIJA) ,
Inland Waterways ,
Loss Mitigation ,
Memorandum of Understanding ,
Navigable Waters ,
Rehabilitation and Restoration Plans ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more
8/9/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
This newsletter provides a look around the corner, highlighting top issues and emerging opportunities for the private sector.
This edition covers, among other relevant topics, a number of recent U.S. political developments...more
7/23/2020
/ Climate Change ,
Energy Sector ,
Environmental Policies ,
Gulf of Mexico ,
Mexico ,
Natural Resources ,
Offshore Wind ,
Pending Legislation ,
PFAS ,
Renewable Energy ,
Tax Credits ,
U.S. Treasury ,
Waters of the United States
• A recent memorandum from the U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) provides guidance on civil and criminal enforcement of environmental laws. DOJ will continue to pursue...more
4/26/2018
/ Cooperation ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Memorandum of Guidance ,
Natural Resources ,
Policies and Procedures ,
Risk Management ,
Voluntary Disclosure
• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities.
• The memo specifically...more
In Alaska Oil & Gas Ass'n v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit recently upheld a rule listing two species of seals as "threatened" under the Endangered Species Act (ESA) based on climate change...more
11/30/2016
/ Administrative Procedure Act ,
Alaska ,
Arbitrary and Capricious ,
Center for Biological Diversity ,
Climate Change ,
Conservation ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
National Marine Fisheries Service ,
Trump Administration
On May 27, 2015, the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) (collectively, the “agencies”) issued a final rule revising the regulatory definition of “Waters of the United...more
6/10/2015
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Groundwater ,
Navigable Waters ,
NPDES ,
Obama Administration ,
Oil Spills ,
Science Advisory Board ,
Sediment Control ,
US Army Corps of Engineers ,
US Geological Survey ,
Waters of the United States ,
Wetlands
On May 27, 2014 the D.C. Circuit upheld the United States Environmental Protection Agency's (EPA) decision to retain its existing air quality standards for nitrogen dioxide (NO2) and sulfur dioxide (SO2) which address the...more