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Final Rules Rulemaking Process Environmental Litigation

King & Spalding

Defining Waters of the United States: EPA and Army Corps Seek Public Input on New WOTUS Rule

King & Spalding on

After more than 50 years, EPA and the Army Corps of Engineers (“the Agencies”) continue to struggle to find a durable definition of “waters of the United States” (“WOTUS”) in the Clean Water Act, leaving the regulated...more

Fox Rothschild LLP

EPA Requests Additional 30-Day Abeyance in PFAS Drinking Water Rule Litigation

Fox Rothschild LLP on

On April 8, 2025, the U.S. Environmental Protection Agency (EPA) requested the U.S. Court of Appeals for the D.C. Circuit extend the abeyance in the challenge to EPA’s Final Rule establishing PFAS MCLs. The petitioners and...more

Pillsbury Winthrop Shaw Pittman LLP

Council on Environmental Quality Rescinds NEPA Regulations

Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more

Perkins Coie

CEQ Regulations Replaced by Guidance for a Year of Living in Uncertainty

Perkins Coie on

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted to the Federal Register an interim final rule rescinding its National Environmental Policy Act (NEPA) regulations, which have been the foundation for...more

Bergeson & Campbell, P.C.

Appellate Court Vacates Requirement that Downstream Entities Reporting by Non-Confidential Accession Number Assert CBI Claims

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical...more

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