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On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more
On April 9, 2025, President Trump directed federal agencies to repeal certain categories of regulations in his memorandum entitled Directing the Repeal of Unlawful Regulations (“Memorandum”). In this Memorandum, President...more
Welcome to the April edition of Nutter’s Environment & Energy Insights, a periodic update of current trends in environment and energy law. This month we cover: EPA is changing the meaning of “waters of the United States.”...more
The orders span various sectors and aim to introduce sunset provisions into regulations and eliminate regulations deemed unlawful or anti-competitive....more
The Trump administration is moving to effectively eliminate a crucial protection in the half-century-old federal Endangered Species Act by redefining a single word: harm. A proposed rule, issued this Wednesday from the U.S....more
On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more
In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more
The EPA administrator announced 31 deregulatory actions the agency will prioritize. On March 12, 2025, the Environmental Protection Agency (EPA) released a video and accompanying press release from Administrator Lee...more
President Donald Trump’s second term has already proven to be an extension of his first-term deregulatory agenda at the U.S. Environmental Protection Agency (EPA). Given historical trends, such deregulation will likely prompt...more
Seyfarth Synopsis: A second Trump administration is likely to bring sweeping changes to environmental regulatory and enforcement agendas. During the first Trump term, his administration focused on significant deregulation in...more
In late July, the Environment and Natural Resources Division (“ENRD”) of the Department of Justice released a memo setting forth the Division’s policy for handling enforcement of civil Clean Water Act matters when a State has...more
This week, the Justice Department has memorialized a policy that will give the states primacy in enforcement of Clean Water Act civil cases. On July 27, 2020, the U.S. Department of Justice Environment & Natural Resources...more
The EPA promulgated, by publication in the Federal Register, the Clean Water Act Section 401 Certification Rule that updates and clarifies the substantive and procedural requirements for water quality certification under...more
On Monday, June 22, 2020, the Trump Administration's contested Navigable Waters Protection Rule (the "Rule") defining the scope of federally jurisdictional "waters of the United States," took effect in every state except...more
On June 4, 2020, President Trump signed an executive order instructing his administration to use any applicable “emergency authorities” to waive requirements within certain environmental laws in order to facilitate permitting...more
On May 8, 2020, Ohio EPA issued a public notice for a new general permit, titled Ohio General Permit for Filling Category 1 and Category 2 Isolated Wetlands and Ephemeral Streams. The purpose of the General Permit, as set...more
An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more
In the ongoing saga of the Clean Water Act’s so-called “Waters of the United States” or WOTUS rule, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE) announced changes to the definition of...more
On April 21, 2020, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published the Navigable Waters Protection Rule (the “Rule”) in the Federal Register. ...more
EPA and Army Corps of Engineers New “Waters of the U.S.” Definition Takes Effect on June 22 - On Tuesday, the Federal Register will officially published the Environmental Protection Agency and Army Corps of Engineers final...more
On April 21, 2020, the U.S. Environmental Protection Agency (US EPA) and the Army Corps of Engineers (Army Corps) published in the Federal Register their revised rule defining which waterbodies are subject to federal...more
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of...more
On January 23, 2020, the United States Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers issued the Navigable Waters Protection Rule (the “2020 Rule”), which includes a revised definition of the...more
The United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) recently announced publication of its final Navigable Waters Protection Rule to define "Waters of the United...more
On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as the latest attempt to define the phrase “waters of the...more