Recent Updates to Federal Environmental and Natural Resource Regulations
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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
On March 10, 2021, the United States Court of Appeals for the Fifth Circuit upheld a biological opinion (BiOp) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service (Service) in connection with a...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
On March 4, 2021, the US Supreme Court held that draft biological opinions prepared by the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) were subject to the deliberative process privilege...more
On Monday, November 2, the U.S. Supreme Court heard oral arguments in U.S. Fish and Wildlife Service, et al. v. Sierra Club, Inc., No. 19-547. The case concerns an exception to the general rule under the Federal Information...more
The Sierra Club filed on April 30th a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the discharge of dredged or fill material into waters...more
A number of environmental organizations filed a Notice of Appeal before the United States Court of Appeals for the 9th Circuit Challenging the United States Department of Homeland Security Secretary’s August 2, 2017,...more
Two new rules and one new policy from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (the Services) relating to the process of designating and protecting "critical habitat" under the Endangered...more
The Ninth Circuit Court of Appeals has held that a right-of-way for an access road over Bureau of Land Management (BLM) land to connect a wind project to a state highway did not trigger formal consultation under the...more
On May 27, 2015, the U.S. Court of Appeals for the Ninth Circuit provided some additional guidance as to what constitutes agency action for purposes of triggering the consultation requirement under the Endangered Species Act...more
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have proposed two important new rules implementing the critical habitat provisions of the Endangered Species Act (ESA). 79 Fed.Reg. 27060 (May 12,...more
National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more