The U.S. Army Corps of Engineers (the Corps) has reissued and modified the Corps’ Nationwide Permits (NWPs), which authorize certain categories of work in Waters of the United States under Section 404 of the Clean Water Act...more
1/19/2026
/ Clean Water Act ,
Construction Industry ,
Data Centers ,
Final Rules ,
General Permit ,
Infrastructure ,
Inland Waterways ,
Permits ,
US Army Corps of Engineers ,
Water Management ,
Water Quality ,
Waters of the United States
On December 18, 2025, the Center for Biological Diversity and the Sierra Club filed suit in the U.S. District Court for the Northern District of California challenging the U.S. Department of the Interior’s (DOI’s) adoption...more
12/23/2025
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Department of the Interior ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Review ,
Executive Orders ,
Interim Final Rules (IFR) ,
NEPA ,
Pending Litigation ,
Public Comment ,
Rulemaking Process ,
Sierra Club
A wave of water-related legislation swept through the Oregon Legislature during the 2025 session. The most controversial water-related bills did not end up passing. In particular, there were three bills that would have...more
The Ninth Circuit’s ruling provides temporary relief from new federal water regulations, but Oregon has introduced more stringent state rules with regard to CAFOs. Understanding these changes is vital to stay abreast of the...more
For forty years, the Chevron doctrine, established in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a cornerstone of administrative law in the United States. Under the...more
7/9/2024
/ 8(a) Program ,
Administrative Procedure Act ,
Alaska ,
Chevron Deference ,
Chevron v NRDC ,
Corner Post Inc v Board of Governors of the Federal Reserve System ,
Government Agencies ,
Indian Gaming Regulation Act ,
Judicial Authority ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
SCOTUS ,
Small Business ,
Statutory Interpretation ,
Tribal Governments
The Department of Defense, General Services Administration, and National Aeronautics and Space Administration have issued a final rule (the “Final Rule”) that amends the Federal Acquisition Regulation (FAR) to maximize...more
On April 12, the United States Supreme Court issued its opinion in Sheetz v. Cnty. Of El Dorado, California, 22-1074 (U.S. Apr. 12, 2024) and unanimously held that legislative actions can still be unconstitutional exactions...more
4/17/2024
/ Building Permits ,
Constitutional Challenges ,
Construction Project ,
Fifth Amendment ,
George Sheetz v County of El Dorado ,
Impact Fees ,
Property Owners ,
Real Estate Development ,
SCOTUS ,
Supreme Court Justices ,
Takings Clause ,
Traffic Impact Assessments
On March 20, 2024, the Washington Department of Ecology issued a draft Water Treatment Plant General Permit for public comment. Water treatment plants that engage in filter backwash activities and pollutant discharge must...more