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Rulemaking Process Deregulation Environmental Policies

K&L Gates LLP

Trump Administration Dials Up Deregulation

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President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward...more

Jones Day

The Future of EPA's Risk Management Program May Be Found in History

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The U.S. Environmental Protection Agency ("EPA") announced it would reconsider the 2024 Risk Management Program ("RMP") rule....more

Nossaman LLP

Western States Will See Species Listings, Critical Habitat Designations According to Unified Agenda

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As we have previously reported, on December 6, the Biden Administration released the Fall 2023 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which lists the regulatory and deregulatory actions that...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

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

Bricker Graydon LLP

Navigable Waters Protection Rule published to Federal Register

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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

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

Best Best & Krieger LLP

Proposed NEPA Regulation Overhaul: Next Steps and What Matters for Public Agencies

Public Comments Due March 10 - The White House Council on Environmental Quality issued a proposal to significantly overhaul, for the first time in 40 years, the regulations for implementing the National Environmental...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

Hogan Lovells

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

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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

Nossaman LLP

Court Remands Northern Long-eared Bat Listing Back to USFWS

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Yesterday, in Center for Biological Diversity v. Everson?, the United States District Court for the District of Columbia overturned the U.S. Fish and Wildlife Service’s (USFWS) decision to list the northern long-eared bat...more

Nossaman LLP

Initiation of 5-year Status Reviews for 66 Species in California and Nevada

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On January 28, 2020, the U.S. Fish and Wildlife Service (USFWS) published a notice and request for information in connection with USFWS’s initiation of 5-year status reviews for 66 species found in California and Nevada....more

Burr & Forman

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

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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

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 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

Womble Bond Dickinson

Trump Administration Proposes Sweeping Reforms to National Environmental Policy Act Requirements for Federal Agencies

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The Trump Administration has proposed the first major changes to the National Environmental Policy Act (NEPA) in more than three decades. These proposed changes (announced in a Jan. 10, 2020 Notice of Proposed Rulemaking)...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

Nossaman LLP

Service Launches Comprehensive Review of Grizzly Bear ESA Status

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On Tuesday, January 14, 2020, the U.S. Fish and Wildlife Service (Service) published a federal register notice that it will be commencing a comprehensive study of the status of the Grizzly bear (Ursus arctos horribilis)....more

Hogan Lovells

Proposed Reforms to NEPA & Their Impact on New Nuclear

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The Council on Environmental Quality is proposing major changes to its regulations concerning the National Environmental Policy Act (NEPA), that if implemented could have impacts on advanced reactor licensing. ...more

Nossaman LLP

Service Must Revisit Whether To Delist Golden-Cheeked Warbler

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On January 15, 2020, the United States Court of Appeals for the Fifth Circuit reversed a lower court decision that upheld the determination of the U.S. Fish and Wildlife Service (Service) denying a petition to delist the...more

Hogan Lovells

CEQ's NEPA regulatory overhaul: highlights and predictions

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The National Environmental Policy Act (NEPA) is a cornerstone of environmental law that Congress enacted in 1970. NEPA celebrated its 50th anniversary earlier this month. NEPA has been the focus of extensive litigation and...more

Nossaman LLP

FWS Proposes Removing Kanab Ambersnail from ESA Protection

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On January 6, 2020, the U.S. Fish and Wildlife Service (FWS) published a proposed rule in the Federal Register announcing the agency’s finding that the Kanab ambersnail (Oxyloma haydeni kanabensis) is no longer warranted for...more

Nossaman LLP

Will Long-Awaited Changes to NEPA Materially Alter Federal Environmental Reviews?

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On January 10, 2020, the Council on Environmental Quality (CEQ) proposed amendments to National Environmental Policy Act (NEPA) implementing regulations.  The Proposed Rule would represent the first significant overhaul of...more

Best Best & Krieger LLP

Clean Water Act: 2015 Jurisdiction Rule Repeal Set to Take Effect Dec. 23

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WOTUS Definition Court Challenges Continue - The Environmental Protection Agency and the Army Corps of Engineers published a final rule in the Federal Register that repeals their 2015 Clean Water Rule defining the scope of...more

Seyfarth Shaw LLP

Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”

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Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of...more

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