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Environmental Protection Agency (EPA) National Marine Fisheries Service US Fish and Wildlife Service

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

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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

Foley Hoag LLP - Environmental Law

EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral...

Last month, Judge John Hunderaker held that the Endangered Species Act requires EPA to consult with the Fish and Wildlife Service and the National Marine Fisheries Service before issuing recommended water quality criteria. ...more

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

Endangered Species Act/Clean Water Act: Federal Court Addresses Challenge to U.S. Environmental Protection Agency Water Quality...

The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more

Perkins Coie

DC Court Holds That ESA Section 7 Does Not Give the “Benefit of the Doubt” to Listed Species

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The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more

Pillsbury Winthrop Shaw Pittman LLP

California Rolls Out Offshore Wind Permitting Roadmap

California has tremendous offshore wind resources and ambitious offshore power goals, but the uncertain rules and regimes for development have delayed implementation of projects. The California Energy Commission (CEC)...more

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

Endangered Species Act/Clean Water Act: Center for Biological Diversity Challenges U.S. Environmental Protection Agency's Water...

The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more

Foley Hoag LLP - Energy & Climate Counsel

D.C. Circuit 2019 RVO Decision is a Mixed Bag for Biofuels

The biofuels industry has had a challenging season in the courts. Several weeks ago, the U.S. Supreme Court overturned a decision by the U.S. Court of Appeals for the Tenth Circuit that had limited EPA’s ability to grant...more

Beveridge & Diamond PC

EPA’s Multi-Sector General Permit for Industrial Stormwater Challenged in the Ninth Circuit —Plastics a Key Issue

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Key Takeaways - • What happened? On July 1, 2021, the Center for Biological Diversity (the “Center”) petitioned the Ninth Circuit to review EPA’s issuance of the 2021 National Pollutant Discharge Elimination System...more

Snell & Wilmer

Supreme Court Issues Opinion Expanding the Scope of FOIA Exemption

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A common tactic by competitors is to seek adversaries’ (or even supply-chain partners’) data that is maintained by the United States, an individual state, or even municipal governmental agencies. These efforts are meant to...more

WilmerHale

U.S. Fish Wildlife Service v. Sierra Club: US Supreme Court Boosts Ability of Agencies to Withhold Draft Documents

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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

Stinson LLP

Supreme Court Protects Drafts Under Deliberative Process Privilege

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Last week, in Justice Amy Coney Barrett’s first signed opinion, the U.S. Supreme Court expanded the deliberative process privilege under exception 5 of the Freedom of Information Act (FOIA), limiting litigants’ ability to...more

Troutman Pepper

Supreme Court Sides with Agency on Deliberative Process Privilege

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Today, in U.S. Fish and Wildlife Service et al. v. Sierra Club Inc., Case No. 19-547, the United States Supreme Court struck down a Ninth Circuit Court of Appeals’ ruling that the federal government was required to turn over...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides United States Fish and Wildlife Service et al. v. Sierra Club, Inc.

On March 4, 2021, the U.S. Supreme Court decided United States Fish and Wildlife Service et al. v. Sierra Club, Inc., holding that the deliberative process privilege exemption in the Freedom of Information Act (FOIA) protects...more

Williams Mullen

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

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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

Bergeson & Campbell, P.C.

EPA Issues Draft Revised Method for ESA Pesticide Assessments

On May 16, 2019, the U.S. Environmental Protection Agency (EPA) announced that it was seeking comment on its Draft Revised Method for National Level Endangered Species Risk Assessment Process for Biological Evaluations of...more

McGuireWoods LLP

What to Expect in Environmental Regulation for 2019

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Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more

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

Pesticides/Endangered Species Act: Center for Biological Diversity Petition Seeking Restriction of Uses in Areas Designated...

The Center for Biological Diversity (“CBD”) submitted a January 7th document to the National Marine Fisheries Service and United States Fish and Wildlife Service (collectively “Services”) titled: Petition for Rulemaking to...more

Bergeson & Campbell, P.C.

EPA Signs MOA on ESA; Establishes Interagency Working Group

On January 31, 2018, Scott Pruitt, the Administrator of the U.S. Environmental Protection Agency (EPA), announced the establishment of an Interagency Working Group to Coordinate Endangered Species Act (ESA) Consultations for...more

Sullivan & Worcester

Monetizing Vacant Land Through Mitigation Banking

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A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

Nossaman LLP

Court Sends EPA Back to the Drawing Board on Temperature Limits in Oregon Waters

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On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more

Nossaman LLP

Endangered Species Act Case Roundup

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Two noteworthy cases have recently been issued by the Ninth Circuit Court of Appeals and the U.S. District Court for the Northern District of California. The two cases address: (1) the interplay between the Federal...more

Nossaman LLP

White House Chief of Staff Orders Freezing of Pending Regulations

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On January 20, 2017, Reince Priebus, the White House Chief of Staff and Assistant to the President, issued a memorandum to the heads of all executive departments and agencies ordering them to freeze the processing of all...more

Bergeson & Campbell, P.C.

EPA Makes Available Supporting Documents for Endangered Species Biological Evaluations

On December 11, 2015, the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) made publicly available several documents associated with the Biological Evaluations (BE) for the first three “pilot”...more

Nossaman LLP

Chairmen of U.S. Congressional Environmental Committees Criticize EPA’s Failure to Consult Regarding the Potential Impacts of...

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On June 15, 2015, Senator James Inhofe (R-Okla.), Chairman of the U.S. Senate Committee on Environment and Public Works, and Congressman Rob Bishop (R-Utah), Chairman of the U.S. House Committee on Natural Resources, sent a...more

Nossaman LLP

Court Allows ESA Claims Involving Oversight of Pesticides to Move Forward

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In Center for Biological Diversity v. Environmental Protection Agency, No. 11-cv-00293-JCS, plaintiffs alleged that the Environmental Protection Agency (EPA) violated section 7 of the Endangered Species Act by failing to...more

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