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EPA Announces Sweeping Deregulatory Agenda: The Complete Set of EPA’s 31 Actions and Affected Environmental Regulations

In what it called “the greatest and most consequential day of deregulation in U.S. history,” the Environmental Protection Agency (EPA) announced its most expansive deregulatory initiative to date on March 12, 2025. Through a...more

EPA Issues New Rules Regarding Response and Risk Management Plans

The Accidental Chemical Release Rules have an effective date of May 10, 2024, and includes a number of situations requiring compliance, generally by May 10, 2027. The new Clean Water Act facility response plan...more

Confronting Regulatory Fluidity in the Post-Maui and Post-Sackett World of Water Regulation

Both regulators and the regulated community must remain alert to accommodate the constantly changing regulatory scheme created in the post-Sackett world. The application of Maui and Sackett in recent months confirms the...more

A Court-Side Seat: SCOTUS Rulings, the Fiscal Responsibility Act and the October 2023 Calendar

The Supreme Court issued 58 opinions in the October 2022 Term. Rulings in several cases will affect the practice of regulatory and administrative law either directly or indirectly, as is recounted below. Before the Court...more

New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

This is a brief roundup of recent federal court environmental and regulatory law decisions from the federal courts over the past few months, including the much anticipated ruling in Sackett, et ux., v, Environmental...more

Seeking Certainty: Redefining “Waters of the United States”

The 2023 redefinition reinstates the “1986” framework defining the reach and scope of navigable waters. To determine if a regulated body of water is located on the landowner’s property, the agencies acknowledge these...more

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

This is a review of initial Supreme Court and Federal Appeals Courts oral arguments and other matters in October 2022. Oral Arguments at the Supreme Court - Michael Sackett, et ux., v. Environmental Protection Agency The...more

The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

On December 7, 2021, the most recent proposed revision to the Clean Water Act’s term, “Waters of the United States” was published in the Federal Register. (See 86 FR 69372.) Comments on this proposal must be submitted by...more

A Court-Side Seat: OSHA, Air and Waters

The courts have issued several new and significant rulings on environmental and administrative law the past few weeks. U.S. COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT - Truck Trailer Manufacturers Association,...more

A Court-Side Seat: Rulemaking Proposed, Comments Solicited

We interrupt our usual scrutiny of the courts to focus (mostly) on the important developments in notices and rulemaking issued by and concerning federal regulatory agencies and departments in the past several weeks....more

Recent Regulatory Activity

Selected federal regulatory actions taken or proposed by several federal agencies, including the Environmental Protection Agency: EPA Actions. On September 15, 2021, EPA’s Water Office issued a memo rescinding a January...more

Still Going, After All This Time: the Sacketts, EPA and the Clean Water Act

On August 16, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s ruling that the Idaho property of Michael and Chantell Sackett was a regulated wetlands under the then-controlling 1977 EPA rules...more

A Court-Side Seat: SCOTUS Further Clarifies Alien Tort Statute; Revisiting WOTUS

What follows is a brief account of some of the notable U.S. environmental and administrative law cases recently decided. THE U.S. SUPREME COURT - Article II, Section 2 of the Constitution vests the President, with the advice...more

A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

This is a brief review of some of the significant environmental (and administrative law decisions) released the past few weeks. THE U.S. SUPREME COURT - On April 22, 2021, the Court decided two important administrative law...more

Environmental Justice Legislation Update

Environmental Justice, as an urgent priority of the Federal Government, dates back to 1994, and President Clinton’s issuance of Executive Order 12898. This order directed federal agencies to identify and address, as...more

The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT - Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce - On March 22, 2021, the Supreme...more

A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT - U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the...more

A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge

February saw the usual array of significant environmental decisions and federal regulatory notices. THE FEDERAL COURTS - U.S. Court of Appeals for the District of Columbia - Luminant Generation v. EPA - The court will be...more

Environmental Law – The Year in Review

JANUARY 2020 - FEDERAL APPELLATE COURTS - U.S. Court of Appeals for the Fifth Circuit - El Paso County, Texas, et al. v. Donald J. Trump, et al. On January 8, 2020, a divided panel of the court quickly granted a...more

A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

THE FEDERAL APPELLATE COURTS - The U.S. Court of Appeals - On November 23, 2020, the court, in a 2-to-1 vote, rejected the plaintiff’s request for an emergency injunction pending appeal in the case of Manzanita Band of...more

A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around

Our latest summary of some recent developments in the courts and the federal agencies includes a unique case involving salt marshes adjacent to San Francisco Bay....more

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