In a significant victory for the hydropower industry, last week the U.S. District Court for the District of Oregon issued an order in Cascadia Wildlands v. EWEB (Case No. 6:25-00446), reaffirming that the U.S. courts of...more
8/13/2025
/ Appeals ,
Citizen Suits ,
Dams ,
Endangered Species Act (ESA) ,
Energy Projects ,
Environmental Litigation ,
Environmental Policies ,
Federal Power Act ,
FERC ,
Hydropower ,
Incidental Take Permits ,
Infrastructure ,
Judicial Review ,
Jurisdiction ,
Licensing Rules
During the week of July 28, the Trump administration unleashed a new burst of actions aimed squarely at blocking wind and solar energy with the announcement of two new secretarial orders (SO) and three new policies by the...more
8/5/2025
/ Department of the Interior ,
Department of Transportation (DOT) ,
Energy Policy ,
Energy Projects ,
Executive Orders ,
Infrastructure ,
NEPA ,
Permits ,
Renewable Energy ,
Solar Energy ,
Wind Power
On July 3, 2025, the Federal Energy Regulatory Commission (FERC) issued a final rule revising its regulations implementing the National Environmental Policy Act of 1969 (NEPA) to remove references to the recently rescinded...more
7/10/2025
/ CEQ ,
Energy Policy ,
Energy Projects ,
Energy Reform ,
Environmental Impact Report (EIR) ,
Environmental Policies ,
Executive Orders ,
Federal Power Act ,
FERC ,
Final Rules ,
Hydropower ,
NEPA ,
Regulatory Reform ,
Rulemaking Process
On May 29, the Supreme Court issued a unanimous opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado that dramatically changes the way courts scrutinize federal agencies’ environmental reviews under the...more
6/2/2025
/ Chevron Deference ,
Energy Projects ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Infrastructure ,
Judicial Authority ,
NEPA ,
Oil & Gas ,
Railways ,
Rulemaking Process ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
California’s drive toward a net-zero carbon economy by 2045 is sparking innovative solutions to harmonize environmental conservation with infrastructure development. Assembly Bill (AB) 550, sponsored by Assembly Member...more
5/9/2025
/ Biodiversity ,
California ,
California Endangered Species Act ,
Clean Energy ,
Conservation ,
Endangered Species ,
Energy Policy ,
Energy Projects ,
Environmental Policies ,
Housing Market ,
Infrastructure ,
Net Zero ,
Permits ,
Proposed Legislation ,
Real Estate Development ,
Regulatory Agenda ,
Regulatory Reform ,
Renewable Energy ,
State Department of Fish and Wildlife ,
Wildlife Protection
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more
2/21/2025
/ Administrative Procedure Act ,
Audubon Society ,
CEQ ,
Energy Projects ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Final Rules ,
Interim Final Rules (IFR) ,
NEPA ,
Regulatory Reform ,
Trump Administration
On Friday, September 30, the U.S. Fish and Wildlife Service (FWS) published its much-anticipated proposal, updating the regulations governing permits for incidental take of bald and golden eagles, as well as take of their...more
Landowners and permit applicants received an email notification this week that the Army Corps of Engineers (Army Corps) would not be processing their requests for coverage under a variety of Clean Water Act (CWA) Section 404...more
On March 18, 2021, FERC issued a Final Rule amending its regulations to establish a one-year period for states, tribes, or other certifying authorities (“Certifying Agencies”) to act on a Clean Water Act (“CWA”) Section 401...more
Environmental justice has received greater attention in 2020, both because it is an election year, but also because of the increased focus on racial inequality since the killing of George Floyd in May 2020. Many states are...more