• 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
The Supreme Court of the United States ruled on May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290, slip op., 578 U.S. ___ (2016) that approved jurisdictional determinations (JDs) issued by...more
6/3/2016
/ Administrative Appeals ,
Administrative Procedure Act ,
Clean Water Act ,
Final Judgment ,
Hawkes Co v United States Army Corps of Engineers ,
Judicial Review ,
Jurisdictional Determination (JD) ,
Land Developers ,
Permits ,
Property Owners ,
SCOTUS ,
Section 404 ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
The U.S. Fish and Wildlife Service (Service) on May 6, 2016, issued a draft rule that would extend to 30 years the maximum life of permits authorizing the incidental take of bald and golden eagles pursuant to the federal Bald...more
5/20/2016
/ Bald and Golden Eagle Protection Act ,
Conservation ,
Endangered Species ,
Energy Sector ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Renewable Energy ,
Solar Energy ,
US Fish and Wildlife Service ,
Wind Power
The Maryland Court of Appeals has issued an important decision broadly upholding county stormwater permits issued by the Maryland Department of the Environment (MDE). The court's unanimous decision, authored by Judge Sally...more
Maryland courts have issued two important decisions pertaining to the ability of Montgomery County, Md., to assess and collect stormwater management fees from a private landowner and the validity of the Municipal Separate...more
On June 25, 2015, the U.S. Supreme Court held that individuals and groups can challenge housing policies or practices that have a disproportionate adverse effect on protected classes (i.e., a disparate impact) – even if there...more
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 March 17, 2015, Judge Leon of the United States District Court for the District of Columbia issued a memorandum opinion upholding the United States Fish and Wildlife Service's (USFWS) issuance of an incidental take permit...more
Earlier this week, a federal district court judge struck down a regulation issued by the U.S. Department of Housing and Urban Development (HUD), which would have allowed for claims of housing discrimination to be based on...more
In an important decision for retailers and other public accommodations, the Tenth Circuit overturned a lower court decision requiring that every "porch-like" entrance to Hollister retail establishments be remediated to be...more
The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more
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
HIGHLIGHTS -
- The proposed regulations would considerably change the regulatory definitions related to "critical habitat" and "adverse modification," increasing agency discretion to designate and protect areas that...more
On May 2, 2014 the United States District Court for the District of Columbia approved a consent decree in Appalachian Voices et. al. v McCarthy, 12 cv-00254 (RBW), setting December 19, 2014 as the date by which the United...more