In January 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (Agencies) adopted a final rule altering the definition of "waters of the United States" (WOTUS), a key term that is referred to...more
On September 27, 2023, the U.S. Environmental Protection Agency (EPA) published its final rule to implement Clean Water Act (CWA) section 401 water quality certifications (2023 Rule). The 2023 Rule became effective on...more
On December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions the various federal administrative...more
12/12/2023
/ Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Final Rules ,
Habitat Conservation Plan ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
Texas ,
US Fish and Wildlife Service
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more
8/31/2023
/ Amended Rules ,
Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett v EPA ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
JULY WOTUS UPDATES: On July 12, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers sent a letter to top Republican lawmakers, confirming that the Corps...more
7/21/2023
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more
6/29/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In a 5-4 decision issued on May 25, 2023, the U.S. Supreme Court narrowed the applicability of federal Clean Water Act regulatory authority over wetlands that have a relatively permanent connection to other federal waters....more
6/15/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On February 9, 2023, the U.S. Fish and Wildlife Service (Service) published proposed revisions to its regulations governing incidental take and enhancement of survival permitting under Endangered Species Act (ESA) section 10....more
2/16/2023
/ Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
Incidental Take Permits ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Reform ,
US Fish and Wildlife Service
On November 16, 2022, the U.S. District Court for the Northern District of California (District Court) remanded three sets of Endangered Species Act (ESA) regulations promulgated in 2019 under the Trump Administration back to...more
11/18/2022
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Regulatory Oversight ,
Regulatory Reform ,
Remand ,
US Fish and Wildlife Service
On October 25, 2022, the Center for Biological Diversity (CBD) sued the U.S. Fish and Wildlife Service (Service) over the agency’s failure to timely finalize a proposed rule to list the lesser prairie-chicken (Tympanuchus...more
On September 21, 2022, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) stayed a July 5, 2022 order of the U.S. District Court for the Northern District of California (District Court) vacating several...more
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
On August 25, 2022, the U.S. Fish and Wildlife Service (Service) filed a stipulated settlement agreement (Agreement) in a case challenging the agency’s failure to timely make a 12-month finding on a petition to list the dunes...more
8/29/2022
/ Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Rulemaking Process ,
Settlement Agreements ,
US Fish and Wildlife Service
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
On May 19, 2022, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of New Mexico, challenging the U.S. Fish and Wildlife Service’s (Service) failure to make a timely...more
On May 16, 2022, the U.S. District Court for the Northern District of California overturned the U.S. Fish and Wildlife Service’s (Service) March 31, 2020 withdrawal (2020 Withdrawal) of a proposed Endangered Species Act (ESA)...more
The Council on Environmental Quality (CEQ) has finalized revisions to portions of the agency’s National Environmental Policy Act (NEPA) implementing regulations (Phase I Regulations), which had been revised in 2020 under the...more
The U.S. Fish and Wildlife Service (Service) has announced its proposal to list the northern long-eared bat (Myotis septentrionalis) (NLEB) as endangered under the Endangered Species Act (ESA) (Proposed Rule). While Service...more
On February 16, 2022, a California state court upheld protections afforded the western Joshua tree (Yucca brevifolia) under the California Endangered Species Act (CESA). The ruling came in connection with a lawsuit filed by...more
On February 8, 2022, the U.S. Fish and Wildlife Service (Service) published findings on several petitions to list species under the Endangered Species Act (ESA), some of which have been highly anticipated....more
On January 12, 2022, the General Land Office of Texas (GLO) filed a lawsuit in the U.S. District Court for the Western District of Texas, challenging the U.S. Fish and Wildlife Service’s (Service) July 27, 2021 negative...more
1/20/2022
/ Appeals ,
Arbitrary and Capricious ,
Conservation ,
Critical Habitat ,
Delisting ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Reversal ,
US Fish and Wildlife Service
On December 22, 2021, the U.S. Fish and Wildlife Service (Service) proposed to list the cactus ferruginous pygmy owl (Glaucidium brasilianum cactorum) (Owl) as threatened under the Endangered Species Act (ESA) primarily due...more
12/29/2021
/ Climate Change ,
Comment Period ,
Conservation ,
Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
ESA Listings ,
Habitat Conservation Plan ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more
12/21/2021
/ Biden Administration ,
Conservation ,
Critical Habitat ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
US Fish and Wildlife Service
On November 18, 2021, The Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced the availability of a pre-publication version of a proposed rule (Proposed Rule) to amend the definition of Waters...more
12/2/2021
/ Clean Water Act ,
Comment Period ,
Critical Infrastructure Sectors ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
This is the first in a series of eAlerts on proposed revisions to regulations implementing the National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality (CEQ). This Notice of Proposed Rulemaking...more