In the Fall of 2023, the Interagency Working Group on Mining Laws, Regulations, and Permitting (“IWG”) released its final report containing recommendations to reform how mining is conducted on public lands (the “Final...more
Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the continuing use of the firing range at the Naval Surface Warfare Center Dahlgren on the...more
The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more
On Nov. 3, 2023, the U.S. Forest Service issued a proposed rule to amend its special use regulations to authorize carbon dioxide (CO2) sequestration on National Forest System (NFS) lands (both national forests and...more
Asset sales involving the disposition of recreation-focused businesses on federal lands, including ski areas and guiding companies, require the buyer to obtain a new Special Use Permit (SUP) from the U.S. Forest Service...more
The Arkansas Game and Fish Commission issued a news release stating that the Northwest Arkansas Land Trust (“NWALT”) has established a 580-acre conservation easement in Crawford County, Arkansas. The conservation easement...more
The ever-vigilant Sam Hess of Inside EPA has posted an August presentation by an EPA official at the Association of Clean Water Administrators’ Annual Meeting. That presentation says that EPA has drafted new guidance based...more
The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (“Corps”) on Tuesday released a new rule that reduces the number of federally protected waters by more than half following a Supreme Court...more
Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging that the Navy's firing of munitions into the Potomac River without a NPDES permit violates...more
On July 27, 2023, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fourth Circuit’s decision to grant the Wilderness Society’s motions to stay of construction on the Mountain Valley Pipeline (“MVP”) pending...more
The regulation aims to minimise the EU’s contribution to deforestation and forest degradation. The European Deforestation Regulation (EUDR) entered into force on 29 June 2023, following publication in the Official Journal...more
Several United States Senators introduced legislation titled: Headwaters Protection Act of 2023 (“Act”)...more
Notwithstanding the increasing size and severity of wildfires over the past decade, certain plaintiff groups have sought to constrain the government’s response to wildfires. Brownstein was honored to have the opportunity to...more
A few months ago I told you about the United States Forest Service's decision to resolve a citizen suit accusing it of violating the Clean Water Act by obtaining a Federal permit and as many as 47 State permits authorizing it...more
The United States Forest Service (“Service”) issued an April 2023 report titled: Mature and Old-Growth Forests: Definition, Identification, and Initial Inventory on Lands Managed by the Forest Service/Bureau of Land...more
USFS Seeks Comment on Array of Forest Conservation and Resilience Policy Issues - Earlier this week, the U.S. Forest Service (Forest Service) published an advanced notice of proposed rulemaking (ANPRM) seeking public...more
The U.S. Forest Service (USFS) is seeking Clean Water Act (CWA) Permits from the EPA for anticipated discharges from aerial firefighting efforts that may reach federal water. The Plaintiffs in the suite, Forest Services...more
This week, the Court addresses the bounds of the discretionary function exception to the Federal Tort Claims Act (FTCA). ...more
Inside EPA is reporting that the United States Forest Service is going to work with EPA to obtain National Pollutant Discharge Elimination System (NPDES) permit coverage under the Federal Clean Water Act authorizing it to...more
Despite the uncertain atmosphere with the collapse of Silicon Valley Bank and a drop in venture capital funding last year, the end of 2022 closed out another marquee year for state and private funding of climate technology...more
The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...more
“A controversial natural gas pipeline in West Virginia appears dead for now after it failed to make next year’s spending bill from Congress.” Why this is important: With apologies to Mark Twain, the reports of the...more
Lawmakers from both parties, in both houses of Congress, have proposed bills intended to speed up forest-management projects that reduce wildfire fuels, like brush and small trees, which can cause large-scale fires of the...more
Federal Court Allows State To Import Cannabis-Related Paraphernalia - The Court of International Trade (CIT) recently held that a company in Washington state could lawfully import cannabis paraphernalia from other...more
President Joe Biden signed the Inflation Reduction Act of 2022 (IRA) into law on Aug. 16, 2022, following its passage along party lines in the U.S. Senate and House of Representatives. The comprehensive legislation is the...more