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EPA and Corps of Engineers Release a Proposed New Definition of “Waters of the United States,” Limiting Federal Jurisdiction

In the continuing battle to define “waters of the United States” (“WOTUS”) – a fundamental jurisdictional element of the scope of the Clean Water Act (“CWA”) – the U.S. Environmental Protection Agency (“EPA”) and the U.S....more

CEQ Issues New NEPA Implementation Guidance: Another Step in the Ever-Evolving NEPA Landscape

The Council on Environmental Quality (CEQ) issued new guidance and an accompanying template for agency National Environmental Policy Act (NEPA) review procedures on September 29, 2025, marking the latest in a long line of...more

Executive Order Seeks to Turbocharge U.S. Commercial Space Industry

On August 13, 2025, President Trump signed an Executive Order (EO) that is poised to dramatically reshape the regulatory landscape for the U.S. commercial space industry. Titled “Enabling Competition in the Commercial Space...more

Developments in Class VI Delegation: Arizona and Texas Await Final Rules

On August 1, EPA’s comment period on its proposal to grant Texas “primacy” over permitting and enforcement of Class VI underground injection wells closed, marking another milestone in the expansion of state-managed Carbon...more

EU Space Act: What In-House Counsel Need to Know About the Potential Regulatory Framework for Space Activities in Europe

On June 25, 2025, the European Commission published the long-anticipated draft EU Space Act (“Act”), a potentially landmark regulation that will apply to both EU and non-EU operators providing space services in Europe. The...more

Supreme Court Limits NEPA Scope and Emphasizes Deference to Agencies

On May 29, 2025, the Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County that promises to significantly alter the scope of judicial review of environmental reviews performed under the...more

REPAIR Act Redux and a New Presidential Memorandum—No End in Sight for NEPA Uncertainty

The National Environmental Policy Act has drawn congressional and presidential frustration for long over a decade and the regulations of the body it created—the Council on Environmental Quality—have often been caught in the...more

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

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