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Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration. The Proposed Rule, published in the October 7, 2021 Federal...more

Federal Permitting Council Proposes Adding Mining Sector Under “FAST-41”

The Federal Permit Improvement Steering Council on November 27, 2020, proposed to add mining to the list of infrastructure sectors that are covered by Title 41 of the Fixing America’s Surface Transportation Act (FAST-41). 85...more

Forest Service Releases Narrowly Tailored Update to Its NEPA Procedures

The U.S. Forest Service has released narrowly tailored changes to update its procedures under the National Environmental Policy Act, in the wake of the Council on Environmental Quality’s recent overhaul of the NEPA...more

Supreme Court Rules Clean Water Act May Regulate Discharges Through Groundwater to Navigable Waters

Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more

SEC Adopts New Disclosure Requirements for Mining Companies

The Securities and Exchange Commission recently adopted amendments to modernize the rules relating to property disclosure requirements for mining registrants, and Industry Guide 7 (Guide 7), under the Securities Act of 1933,...more

Federal Spending Bill Changes Wildfire Suppression Funding and Other Forestry Initiatives

The $1.3 trillion Consolidated Appropriations Act of 2018, which was signed into law on March 23, 2018, (the Act) includes bipartisan measures to fundamentally change how the U.S. Forest Service and other federal agencies pay...more

ITC Continues Duties on Imports of Softwood Lumber From Canada

Significant antidumping and countervailing duties (AD/CVDs) on imports of softwood lumber from Canada will continue following the U.S. International Trade Commission (ITC) final affirmative injury determination made...more

U.S. Lumber Producers Target Softwood Lumber Imports from Canada; Bilateral Negotiations Reinvigorated

Following a recent breakdown of bilateral negotiations, a group of U.S. companies calling itself COALITION (Committee Overseeing Action for Lumber International Trade or Negotiations) filed antidumping (AD) and countervailing...more

EPA Declines to Regulate Forest Road Discharges Under the Clean Water Act

The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more

Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more

FWS Proposes Revisions to Development Mitigation Policy

The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more

Presidential Memorandum on Natural Resources Mitigation Policy: Avoid, Minimize and Compensate

President Barack Obama recently ordered the heads of five federal agencies (U.S. Department of Defense, U.S. Department of Interior, U.S. Department of Agriculture, U.S. Environmental Protection Agency and National Oceanic...more

New Law Eliminates Any Clean Water Act NPDES Permit Requirement For Logging Road Stormwater Runoff

On February 7, 2014, President Obama signed into law the 2014 Farm Bill, H.R. 2642. Section 12313 of the Bill (Silvicultural Activities) amends the Clean Water Act to make clear that a National Pollutant Discharge...more

2/12/2014

U.S. Supreme Court: NPDES Permits Are Not Required For Logging Road Stormwater Runoff

The U.S. Supreme Court has reversed a 2010 Ninth Circuit Court of Appeals decision and reaffirmed that a federal Clean Water Act National Pollutant Discharge Elimination System (NPDES) point source discharge permit is not...more

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