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Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could...more

Congressional Review Act Weekly Update: Summary of Legislative Activity Related to Environmental and Natural Resources Regulations

Members of the House and Senate are beginning to introduce joint resolutions calling for the “disapproval” of specific environmental, energy, and natural resources regulations pursuant to the Congressional Review Act. The...more

Executive Orders Lay the Groundwork for Major Changes to Environmental and Natural Resources Law

As expected, the new Trump White House has issued a flurry of executive orders (EOs) which directly affect the federal government's policies on a broad range of environmental and natural resources issues....more

How the Congressional Review Act May Shape Environmental Rulemaking and Guidance

Now that the 119th Congress has been sworn in, attention turns to how the Republican-controlled House, Senate, and White House will use the Congressional Review Act (CRA). The CRA creates a review period in which Congress can...more

Whither the Council on Environmental Quality NEPA Regulations? A Clear-Eyed Perspective

For those of you who still haven't heard, in a surprising 2-1 ruling, the D.C. Circuit held that the Council on Environmental Quality had no legal authority to issue its regulations governing federal implementation of NEPA....more

National Environmental Policy Act (NEPA) Phase II Regulations Are Here - "Much Ado About Nothing"?

Based on immediate reactions to the long-awaited final "Phase II" NEPA regulations, one might think that the Council on Environmental Quality (CEQ) substantially altered long-standing federal environmental review practice....more

An Upcoming Proposal Will Impact Federal Acquisition of Real Estate - But How?

As part of his administration's all-of-government response to climate concerns, on December 8, 2021 President Biden issued Executive Order (E.O.) 14057, Catalyzing Clean Energy Industries and Jobs Through Federal...more

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

CEQ Finalizes Phase I NEPA Regulations, Rescinding Key Portions of 2020 Amendments; Phase II Still to Come

On April 20, 2022, the Council on Environmental Quality (CEQ) published a final rule revising its National Environmental Policy Act (NEPA) regulations. This rule (the "Phase 1 Rule") originates from two executive orders (E.O....more

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