Under the Endangered Species Act (ESA), there are a number of key terms that shape the scope of species protection. These key terms, usually defined in the Act itself or through agency regulation, include terms such as...more
On Wednesday, July 15, 2020, the Council on Environmental Quality (CEQ) published a Final Rule updating its regulations implementing the National Environmental Policy Act (NEPA) across the federal government. 85 Fed. Reg....more
In yet another setback for the Army Corps of Engineers’ Nationwide Permit program, a June 11, 2020 federal court ruling vacated NWP 48 for commercial shellfish aquaculture in Washington State. Center for Food Safety v. U.S....more
On June 9, 2020, the Federal Energy Regulatory Commission (FERC) issued new rules designed to address concerns expressed by the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) about abuse of landowner...more
On Thursday, June 4, 2020, President Trump signed an Executive Order (EO) on “Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities.” Relying on...more
The Animal and Plant Health Inspection Service (APHIS) within the U.S. Department of Agriculture (USDA) has published final amendments to its biotechnology regulations codified at 7 C.F.R. part 340 under the Plant Protection...more
In an order with serious and immediate national implications for the construction of pipelines, electrical lines, fiber optic cable, and other utility projects, a Montana federal court has vacated Clean Water Act (CWA)...more
The U.S. Fish and Wildlife Service (the “Service”) on February 3, 2020 issued a proposed rule that for the first time would supply a uniform regulatory definition of the scope of liability under the Migratory Bird Treaty Act...more
On January 23, 2020, the U.S. Environmental Protection and U.S. Army Corps of Engineers finalized a long-awaited new rule redefining the term “Waters of the United States” (WOTUS) under the Clean Water Act (CWA). The Agencies...more
On March 20, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit), sitting en banc, will hear arguments challenging the Federal Energy Regulatory Commission’s (FERC) use of “tolling orders.”...more
Long-sought reforms to Endangered Species Act (ESA) implementation have arrived. On August 27, 2019, the U.S. Fish and Wildlife Service (FWS) and U.S. National Marine Fisheries Service (NMFS) finalized regulations (the 2019...more
The Virginia Department of Environmental Quality (VDEQ) has taken the first step towards amending existing permitting procedures for small solar energy projects. The potential amendments may help sustain the recent...more
Many companies that have submitted confidential business information to the federal government have learned the hard way that the Courts and federal agencies have not interpreted the word “confidential” under the Freedom of...more
7/3/2019
/ Appeals ,
Confidential Information ,
Congressional Intent ,
Exemptions ,
FOIA ,
Food Marketing Institute v Argus Leader Media ,
Motion to Compel ,
Private Commercial or Financial Information ,
Protected Disclosures ,
Reversal ,
SCOTUS ,
SNAP Program ,
Statutory Interpretation ,
Substantial-Competitive-Harm Test ,
Trade Secrets ,
USDA
On June 7, 2019, the U.S. Environmental Protection Agency (EPA) issued nonbinding guidance clarifying and providing recommendations regarding the implementation of Section 401 of the Clean Water Act, 33 U.S.C. § 1341. Most...more
The Supreme Court determined in Sturgeon v. Frost that the Nation River, located near Alaska’s eastern border, is not public land for purposes of regulation by the National Park Service (NPS). This case arose due to a...more
5/30/2019
/ ANILCA ,
Lack of Authority ,
National Park Service ,
Navigable Waters ,
Non-Public Land ,
Regulatory Authority ,
Remand ,
Reversal ,
Rivers ,
SCOTUS ,
State and Local Government ,
States Rights ,
Sturgeon v Frost ,
Vessels
On April 10, 2019, President Trump signed two executive orders intended to address a range of legal and procedural hurdles commonly facing infrastructure projects, particularly in the energy sector. Most notably, the...more
Effectively restarting a contentious listing process, on April 12, 2019, the United States Fish and Wildlife Service reopened public comment on 2013 proposed rules listing the Bi-State distinct population segment of greater...more
Maryland legislators recently introduced a bill that would double the state’s renewable portfolio standard ("RPS") targets and create significant incentives for solar and offshore wind.
Maryland’s current RPS requires...more
On December 11, 2018, the U.S. Environmental Protection Agency and Army Corps of Engineers (the “agencies”) announced once again that they are proposing a new rule to redefine the scope of waters and wetlands subject to...more
Department of the Interior (“DOI”) Secretary Ryan Zinke announced on August 29, 2018, DOI’s “final” version of its new reorganization plan, which creates 12 new “Unified Regions” primarily intended to coordinate and expedite...more
On July 25, 2018, the Department of the Interior’s Fish and Wildlife Service (“FWS”) and the Department of Commerce’s National Marine Fisheries Service (“NMFS”) (collectively “the Services”) issued three proposed rules that...more
National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”). The...more
Commercial-scale offshore wind power may soon become a reality in New England. On May 23, Massachusetts electric distribution companies selected Vineyard Wind, a subsidiary of Avangrid Renewables, LLC, as the preferred...more
The U.S. Court of Appeals for the Fourth Circuit has struck down a Maryland law banning “excessive” prices for generic drugs, breathing new life into the extraterritoriality prong of the Dormant Commerce Clause that prohibits...more
The Office of Management and Budget and Council on Environmental Quality, on March 20, 2018, issued a Memorandum instructing federal agencies how to implement the “One Federal Decision” policy established in Executive Order...more