News & Analysis as of

US Army Corps of Engineers Permits US Fish and Wildlife Service

Husch Blackwell LLP

Trump Executive Actions Impacting Renewable Energy

Husch Blackwell LLP on

On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more

Snell & Wilmer

The Revocation of Florida’s Clean Water Act 404 Permitting Program: What It Means Moving Forward in Light of SCOTUS’ Recent...

Snell & Wilmer on

Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more

Adams & Reese

“Error: 404 not found?” Federal Judge Vacates Florida’s 404 Wetlands Permitting Program

Adams & Reese on

“Error: 404 not found.” The dreaded message you see when you visit a website that no longer exists. A District of Columbia federal district court judge ended the existence of Florida’s “404 program” (for protection of federal...more

Lowndes

Florida Applicants in “Regulatory Limbo” after D.C. Court Invalidates Florida’s Section 404 Permitting Authority

Lowndes on

On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more

Holland & Knight LLP

D.C. Court Vacates Florida's Assumption of the Federal Clean Water Act Permit Program

Holland & Knight LLP on

The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Oil and Gas Pipeline Construction: Environmental Organizations File Judicial Challenge to U.S. Corps of Engineers Nationwide...

The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more

Williams Mullen

Corps’ Nationwide Permits Rule Hits Blue Wall

Williams Mullen on

The U.S. Army Corps of Engineers published its final rule for the Reissuance and Modification of Nationwide Permits in the waning days of the Trump Administration. The final rule reissues and modifies 12 existing nationwide...more

Woods Rogers

Court Decision Vacating Nationwide Permit 12 Creates Concern for All Nationwide Permits

Woods Rogers on

On April 15, 2020, the United States District Court for the District of Montana issued a decision in the case of Northern Plains Resource Council v. U.S. Army Corps of Engineers which vacated the Corps of Engineers’...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Utility Line Activities/Clean Water Act: Federal District Court (Montana) Enjoins Nationwide Permit 12

A United States District Court (Montana) (“Court”) addressed in an April 15th decision a challenge to the United States Corps of Engineers’ (“Corps”) issuance of Clean Water Act Nationwide Permit (“NWP”) 12 (Utility Line...more

Nossaman LLP

Federal Court Overturns Nationwide Permit 12, Throws Project Development into Flux

Nossaman LLP on

On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. ...more

WilmerHale

Federal Agencies Announce Steps to Expedite Reviews of Infrastructure Projects

WilmerHale on

On September 22, the Administration announced two new policies that will facilitate a more transparent and efficient permitting and review process for complex infrastructure projects. First, federal agencies announced...more

K&L Gates LLP

Critical Habitat and the Endangered Species Act: Proposed Revisions to Fundamental Regulatory Concepts

K&L Gates LLP on

On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more

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