On 9 July 2024, British Columbia announced that new regulations under the Environmental Assessment Act (EAA or Act) came into force to support the dispute resolution process available to Indigenous nations or the chief...more
This is the fourth in a series of six eAlerts examining the Bipartisan Permitting Reform Implementation Rule published in the Federal Register on May 1, 2024 (Final Rule) by the Council on Environmental Quality (CEQ). The...more
The National Oceanic and Atmospheric Administration (NOAA) anticipates releasing the Draft Designation Documents for the proposed Chumash Heritage National Marine Sanctuary. A draft proposed rule and management plan for...more
Tribal “consultation” or “collaboration” frameworks vary across the country. Presidents Obama and Biden issued executive orders setting forth a consultation process for federal agencies that are developing policies with...more
More changes are ahead for entities seeking federal authorization for projects that may impact waters of the United States. On June 9, 2022, the Environmental Protection Agency (“EPA”) published a proposed rule that would...more
EPA limits states’ power to review projects that affect water quality - Bullet Courthouse News Service – July 13 - The U.S. Environmental Protection Agency (EPA) on Monday issued a new 401 Certification Rule under the...more
EPA Issues Final Rule to Narrow Scope and Timelines for State Water Quality Certifications - The Environmental Protection Agency released it final “Clean Water Act Section 401 Certification Rule” this week, which limits...more
On March 23, 2020, Governor Newsom signed Executive Order N-54-20, suspending for 60 days public agency and project proponent procedures for posting notices of key CEQA compliance actions. The Executive Order also relaxes...more
Por considerarlo de su interés, Holland & Knight Colombia le informa sobre un nuevo fallo del Consejo de Estado en el que se reconoce que las autoridades indígenas son las competentes para las actividades de control y...more
Paul Weiland recently participated in the 2020 California Water Law Symposium, held at San Francisco's Golden Gate University School of Law. The theme of this year's Symposium was "Federalism & Water: Shifts in State/Federal...more
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
On August 8, 2019, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to update regulations implementing Section 401 of the Clean Water Act (CWA). The rule was proposed in response to President Trump’s...more
On April 10, 2019, President Donald Trump signed an Executive Order seeking to address permitting and policy obstacles preventing the export of coal and other energy resources through West Coast ports. New port facilities and...more
The last several days have seen a flurry of activity in the federal courts in matters involving the Endangered Species Act (ESA)...more
Ever since President Trump took office in January 2017, several questions have arisen within the environmental community regarding how his administration will change the legal and enforcement priorities of the United States...more
This article supplements our multi-part series on changes to Canada’s regulatory regime governing project development and operation in Canada. This post summarizes the proposal to establish the Canadian Energy Regulator...more
Historical development on new tribal energy legislation in Congress that will empower tribes to approve rights-of-way, leases, and business agreements with private industry for mineral development on tribal lands. ...more
On May 6, 2015, the Senate Environment and Public Works Committee held a hearing on several Endangered Species Act (ESA) reform bills, including at least three that are similar to bills introduced in 2014 in the House of...more
Under certain statutes, tribes can exercise civil jurisdiction over non-Indians. For instance, the Comprehensive Environmental Response, Compensation, and Liability Act allows tribes to pursue claims for natural resource...more