News & Analysis as of

Environmental Protection Agency (EPA) Deregulation

Mitchell, Williams, Selig, Gates & Woodyard,...

Spring 2024 United Agenda of Regulatory and Deregulatory Actions: Projected United States Environmental Protection Agency...

The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2024 semi-annual agenda of regulatory and deregulatory actions (“Agenda”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Fall 2022 Unified Agenda of Regulatory/Deregulatory Actions: Projected U.S. Environmental Protection Agency Activities

The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Fall 2022 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). he Agenda includes information addressing: EPA...more

Allen Matkins

California Environmental Law & Policy Update - January 2021

Allen Matkins on

Trump administration reverses migratory bird protections - Bullet The New York Times – December 21 - The U.S. Department of the Interior this Tuesday finalized a reversal of protections for wild birds under the 1918...more

Hogan Lovells

Environmental Law outlook under a Biden Administration

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The Biden administration, now set to take office in January 2021, will face unprecedented challenges. These challenges, including the coronavirus pandemic, President Trump’s legal challenges to the election results, the call...more

WilmerHale

What a Biden Administration Will Mean for US Climate Change Policy

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Over the weekend, major news outlets announced that former Vice President Joe Biden will be the next president of the United States. Biden and his running mate, Vice Predident-elect Kamala Harris, pledged throughout the...more

Burr & Forman

DOJ Clarifies Federal Role in Clean Water Act Enforcement

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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

Pierce Atwood LLP

EPA Finalizes Comprehensive Changes to its CWA Water Quality Certifications Rule

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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

Morgan Lewis

Rollback of Obama-Era Fuel-Efficiency Standards Faces Challenges in Courts and Congress

Morgan Lewis on

Earlier this year, the administration of US President Donald Trump issued the Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule), rolling back vehicle fuel-efficiency standards adopted under the administration of...more

Bricker Graydon LLP

Ohio’s Response to new WOTUS Rule – General Permit for Ephemeral Streams

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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

Williams Mullen

Stop the Pipes? Corps' Nationwide Permit 12 Vacated by Federal District Court

Williams Mullen on

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

Nossaman LLP

Redefining Navigable Waters: The Next Frontier of the WOTUS Saga

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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

Bilzin Sumberg

Navigable Waters Protection Rule Published in Federal Register

Bilzin Sumberg on

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

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction to be Published Tomorrow

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

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

Bricker Graydon LLP on

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 Shaw LLP

Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”

Seyfarth Shaw LLP on

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

Benesch

Rollback of Greenhouse Gas Emissions Standards Announced by EPA

Benesch on

Last week, on March 30, 2020, the U.S. Environmental Protection Agency (the “EPA”) and the National Highway Traffic Safety Administration (“NHTSA”), on behalf of the U.S. Department of Transportation (the “DOT”), finalized...more

Pullman & Comley, LLC

EPA Announces Policy of Enforcement Discretion for Compliance with Pollution Control Requirements Affected by COVID-19 Outbreak

Pullman & Comley, LLC on

Citing potential coronavirus-related disruptions, the U.S. Environmental Protection Agency (“EPA”) announced on March 26, 2020 that it would use “enforcement discretion” when regulated facilities fail to meet certain...more

WilmerHale

Trump Administration Issues Second Part of SAFE Vehicles Rule

WilmerHale on

On March 31, 2020, the Environmental Protection Agency (EPA) and the Department of Transportation, acting through the National Highway Traffic Safety Administration (NHTSA), finalized a rulemaking that the agencies described...more

Morgan Lewis

Trump Administration Rolls Back Obama-Era Fuel-Efficiency Standards

Morgan Lewis on

The administration of US President Donald Trump issued the Safer Affordable Fuel-Efficient Vehicles Rule (SAFE Rule) on March 31. A joint effort of the US Environmental Protection Agency and the National Highway Traffic...more

Foley Hoag LLP - Environmental Law

The Science Advisory Board Lives!

The attack on science by this administration is not news at this point. Part of that attack has been to increase the number of industry scientists on EPA’s Science Advisory Board. I have no objection per se to additional...more

Sheppard Mullin Richter & Hampton LLP

Navigable Waters Protection Rule: How are the “Waters of the United States” Being Defined?

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

Hogan Lovells

The Clean Water Act "WOTUS" Rule: A long and winding river

Hogan Lovells on

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

Burr & Forman

EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters

Burr & Forman on

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

Bilzin Sumberg

Changes to the Clean Water Act's "Waters of the United States" Rule

Bilzin Sumberg on

 On January 23, 2020, the U.S. Environmental Protection Agency and the Department of the Army announced the finalized Navigable Waters Protection Rule, defining “Waters of the United States” under the Clean Water Act....more

Best Best & Krieger LLP

Final Rule Narrowing Clean Water Act Jurisdiction

EPA and Army Corps of Engineers Give New Waters of the U.S. Definition - The Environmental Protection Agency and Army Corps of Engineers today issued a final rule with a new definition of “Waters of the United States” that...more

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