Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more
“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more
The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more
The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more
The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more
In a recent special alert addressing Northern Plains Resource Council v. U.S. Army Corps of Engineers, we reported that the federal district court for Montana vacated the U.S. Army Corps of Engineers (Corps) Nationwide Permit...more
The EO directs federal agencies to invoke available emergency powers to expedite environmental review and permitting of infrastructure projects. A recent Executive Order by President Trump directs agencies to expedite...more
Two recent cases have the potential to dramatically alter the state of permitting and enforcement under the federal Clean Water Act (“CWA”) with far reaching implications to energy infrastructure project proponents and the...more
On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more
A United States District Court (Montana) (“Court”) addressed in an April 15th decision a challenge to the United States Corps of Engineers’ (“Corps”) issuance of Clean Water Act Nationwide Permit (“NWP”) 12 (Utility Line...more
Did the Army Corps of Engineers (Corps) violate the National Environmental Policy Act (NEPA) by not engaging with U.S. Fish and Wildlife in an Endangered Species Act (ESA) consultation prior to reauthorizing Nationwide Permit...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. ...more
Modifications and updates to the general permits will impact both new and ongoing projects, including in energy, mining, transportation, and construction sectors. Key Points: - Nationwide Permits 12 and 14, which...more
The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more
On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more