Climate-Proofing Our Infrastructure: Building Climate Resilience with the Army Corps of Engineers
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The United States Court of Appeals, Federal Circuit (“Federal Circuit”) addressed in a May 21 Opinion an issue arising out of the operation of the Bonnet Carre Spillway (“Spillway”). See Robert L. Campo, et al v. United...more
The American Petroleum Institute and a number of other energy related organizations submitted May 15 comments to the United States Army Corp of Engineers (“Corps”) regarding the Federal Register Notice seeking input on ways...more
The Bayou Meto Water Management District (“Bayou Meto”) issued a Construction, Design, Land Rights Report (“Report””). The Report was issued in conjunction with the Board of Directors meeting that will be held on June...more
The American Gas Association (“AGA”) submitted May 15 comments to the United States Army Corp of Engineers (“Corp”) regarding its federal registered notice seeking input on ways to increase efficiency of the Clean Water Act...more
Wind and solar energy developers with pending federal permits, rights-of-way or consultation requests should be assessing a recent federal court decision preliminarily blocking the Trump administration’s sweeping restrictions...more
There is a lot of talk these days about “license to operate” for data centers, meaning management of the relationships with stakeholders and broader communities concerning both the benefits and adverse consequences of...more
On April 21, 2026, the United States District Court for the District of Massachusetts issued a preliminary injunction pausing the implementation of five federal agency actions concerning renewable energy development in the...more
A preliminary injunction has been issued temporarily stopping enforcement of several anti-renewable energy policies against members of eight renewable energy trade associations and a consumer organization. On April 21, 2026,...more
The Trump administration’s actions related to renewable energy development have suffered another setback. On April 21, 2026, US District Judge Denise J. Casper of the District of Massachusetts blocked a series of agency...more
The Government Accountability Office’s (GAO) recent decision in Effective Communication Strategies, LLC, B-422289 (Mar. 18, 2025), offers an important reminder for federal contractors: when an agency repeatedly changes...more
In a decision that underscores the limits of “speed” in federal procurement, the Government Accountability Office (GAO) recently sustained a bid protest by Effective Communications Strategy, LLC (EFS) challenging a U.S. Army...more
A contracting officer issues a solicitation amendment on a Friday afternoon, reverses course by Friday evening and demands a revised quotation by noon on Saturday, then changes the requirements again on both Sunday and Monday...more
Dredging of navigational channels is an essential function of the Corps of Engineers, supporting national security and maintaining shipping and other commercial and recreational uses of our waterways. Pursuant to its...more
On March 16, 2026, the U.S. Army Corps of Engineers announced a request for public input on ways to improve the efficiency of the nationwide permit (NWP) program....more
As we move into spring—a season for tightening processes, clearing the backlog, and getting every detail right—a recent Government Accountability Office (GAO) bid protest decision delivers a timely reminder: in government...more
The US Army Corps of Engineers (the Corps) has announced that it is requesting input from all interested parties by May 15, 2026, on ways to increase the efficiency of the nationwide permit program for consideration in future...more
The environmental organization American Rivers issued on January 29th a report titled: WHERE RIVERS ARE BORN - The Scientific Imperative For Protecting Small Streams and Wetlands (Second Edition) (“Report”)....more
The Association of State Drinking Water Administrators (“ASDWA”) submitted December 19, 2025, comments to the United States Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) on the proposed...more
On January 8, 2026, the U.S. Army Corps of Engineers (“USACE”) reissued 56 existing nationwide permits (“NWPs”) with minor alterations along with one new NWP. NWPs are general permits that allow for work within federally...more
Baker Botts' 39th Annual Environmental Seminar featured two breakout sessions covering the latest environmental, safety and incident response developments and trends....more
On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an...more
During Baker Botts' 39th Annual Environmental, Safety & Incident Response Seminar on January 28, 2026, Partner Paulina Williams led a session with Lee Forsgren, Principal Deputy Assistant Secretary at the U.S. Army Corps of...more
The Associated General Contractors of America (“AGC”) submitted January 5th comments to the United States Environmental Protection Agency and the United States Army Corps of Engineers (collectively, “Corps”) on the proposed...more
It's official: the Council on Environmental Quality (CEQ) is formally rescinding its National Environmental Policy Act (NEPA) implementing regulations. This month, CEQ published a notice that it will formally repeal its...more
The Arkansas Rice Federation (“ARF”) submitted January 15th comments to the United States Environmental Protection Agency and United States Army Corps of Engineers the collectively, “Corps”) on the proposed rule to revise the...more