This is the final in our series of eAlerts on the Council of Environmental Quality’s (CEQ) Phase 2 revisions to its National Environmental Policy Act (NEPA) regulations, published on May 1, 2024 (Final Rule)....more
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
5/30/2024
/ CEQ ,
Climate Change ,
Environmental Assessments ,
Environmental Justice ,
Environmental Policies ,
Environmental Review ,
Final Rules ,
Infrastructure ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
Tribal Governments ,
Tribal Lands
This is the third in a series of six eAlerts on the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The Final Rule...more
On May 1, 2024, the Council on Environmental Quality (CEQ) published its final Bipartisan Permitting Reform Implementation Rule (Final Rule), that revises regulations implementing the National Environmental Policy Act (NEPA),...more
This is the second 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
In the last few weeks, the U.S. Fish and Wildlife Service (Service) has published several major regulatory actions affecting federal avian protections. The Service has repealed a Trump-era rule that excluded incidental take...more
10/8/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Bald and Golden Eagle Protection Act ,
Biden Administration ,
Comment Period ,
Endangered Species ,
Environmental Policies ,
Incidental Take Permits ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
Regulatory Reform ,
Rulemaking Process ,
US Fish and Wildlife Service
On January 7, 2021, U.S. Fish and Wildlife Service (USFWS) published a final rule limiting the scope of the Migratory Bird Treaty Act (MBTA)’s prohibition on the take of migratory birds....more
In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more
In September 2020, the Council on Environmental Quality enacted new regulations that set forth procedures federal agencies are to utilize when implementing the National Environmental Policy Act (NEPA). Numerous commentaries...more
This is the sixth in a series of eAlerts on revisions to National Environmental Policy Act (NEPA) regulations published in the Federal Register on July 16, 2020, by the Council on Environmental Quality (CEQ). The CEQ’s...more
8/25/2020
/ Administrative Procedure Act ,
CEQ ,
Comment Period ,
Environmental Assessments ,
Environmental Impact Statements ,
Environmental Policies ,
Environmental Review ,
Judicial Review ,
NEPA ,
Public Comment ,
Rulemaking Process
On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more
8/12/2020
/ Department of the Interior ,
Deregulation ,
Endangered Species ,
Environmental Policies ,
Incidental Take Permits ,
Migratory Bird Treaty Act (MBTA) ,
Regulatory Reform ,
Regulatory Standards ,
Statutory Interpretation ,
Strict Liability ,
Trump Administration ,
Vacated
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more
4/19/2020
/ Endangered Species Act (ESA) ,
Energy & Climate Debates ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Keystone XL Pipeline ,
NEPA ,
Oil & Gas ,
Real Estate Development ,
Urban Planning & Development ,
US Army Corps of Engineers ,
Vacated
On November 27, 2018, the U.S. Supreme Court ruled that an area is eligible to be designated as “critical habitat” under the Endangered Species Act (ESA) only if the area is habitat for the relevant threatened or endangered...more
11/30/2018
/ Appeals ,
Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species ,
ESA Listings ,
Judicial Review ,
Private Property ,
SCOTUS ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
On October 1, 2018, the U.S. Supreme Court heard oral argument in the first case of its new term, Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, Dkt. No. 17-71. The case concerns the designation of critical habitat under...more
A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities....more