On February 12, 2018, the White House released a set of proposals to streamline the federal environmental review process for infrastructure projects. The 55-page “Legislative Outline for Rebuilding Infrastructure in America”...more
The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more
2/1/2018
/ Clean Water Act ,
Construction Project ,
Department of Transportation (DOT) ,
Endangered Species Act (ESA) ,
Environmental Review ,
Exclusive Jurisdiction ,
Funding Requirements ,
Infrastructure ,
Judicial Review ,
Land-Use Permits ,
NEPA ,
Section 401 ,
Statute of Limitations
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37050, on December 22, 2017, which adopts the position that the Migratory Bird Treaty Act (MBTA) prohibition on the “taking” or “killing” of...more
President Donald J. Trump issued Executive Order 13807, on August 15, 2017, which is intended to accelerate the environmental review and permitting for infrastructure projects that require an environmental impact statement...more
8/28/2017
/ Clean Water Act ,
Deregulation ,
Environmental Impact Report (EIR) ,
Environmental Review ,
Executive Orders ,
Federal Land ,
Fixing America’s Surface Transportation Act (FAST Act) ,
Flood Zones ,
Infrastructure ,
NEPA ,
Permits ,
Revocation ,
Trump Administration
Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) includes measures to streamline environmental reviews for certain infrastructure projects. Congress passed the FAST Act in December 2015, and the Office of...more
The Supreme Court of California recently ruled that under the California Endangered Species Act (CESA), plaintiffs may use a delisting petition, supported by new evidence, to challenge a prior decision by the California Fish...more
The U.S. Fish and Wildlife Service has formally approved the long-awaited, 30-year eagle take rule, which will allow renewable energy companies and other developers of large projects to obtain a 30-year permit (as opposed to...more
In the latest chapter of the seemingly never-ending controversy over the Clean Water Act’s reach, on February 28, 2017, President Trump signed an executive order directing the U.S. Environmental Protection Agency and the U.S....more
3/3/2017
/ Clean Water Act ,
Clean Water Rule ,
Deregulation ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Federal Jurisdiction ,
Navigable Waters ,
Regulatory Oversight ,
Trump Administration ,
US Army Corps of Engineers ,
Water Pollution ,
Waters of the United States ,
Wetlands
The U.S. Department of the Interior’s Office of the Solicitor issued Memorandum M-37041 on January 10, 2017, arguing that incidental take is prohibited under the Migratory Bird Treaty Act (MBTA). The solicitor’s opinion was...more
California Governor Jerry Brown signed into law last week two controversial anti-climate change bills that will tighten greenhouse gas (GHG) limits by 40% and increase legislative supervision of the California Air Resources...more
9/16/2016
/ Air Pollution ,
CARB ,
Carbon Emissions ,
CEQA ,
Climate Action Plan ,
Climate Change ,
Electric Vehicles ,
Energy Sector ,
Global Warming ,
Global Warming Solutions Act ,
Governor Brown ,
Greenhouse Gas Emissions ,
National Emissions Standards ,
New Legislation ,
Renewable Energy ,
Renewable Portfolio Standards ,
Transportation Industry ,
Utilities Sector ,
Zero-Emission Vehicles
The U.S. Court of Appeals for District of Columbia Circuit recently held that the U.S. Fish and Wildlife Service violated the National Environmental Policy Act by approving an Ohio wind energy project without looking at all...more
8/31/2016
/ Appeals ,
Clean Energy ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Incidental Take Permits ,
NEPA ,
Popular ,
Renewable Energy ,
US Fish and Wildlife Service ,
Wind Power
In NRDC v. Pritzker, the U.S. Court of Appeals for the Ninth Circuit confirmed that the Marine Mammal Protection Act’s (MMPA) incidental take authorizations will be construed narrowly and conservatively, giving the benefit of...more
The Environmental Protection Agency issued a decision on July 5, 2016, that declined to regulate discharges from forest roads for regulation under Section 402 of the Clean Water Act. As such, it remains the case that...more
On May 6, 2016, the Fish and Wildlife Service (FWS or Service) published a proposed rule (Proposed Rule) that would substantially change how the Service administers its conservation and management program under the Bald and...more
The U.S. Fish and Wildlife Service (FWS) published draft revisions on March 8, 2016 to its 1981 Mitigation Policy for mitigating the impacts of development projects to natural resources. See Proposed Revisions to the U.S....more
The senior-most U.S. Supreme Court Justice, Antonin Scalia, passed away on February 13, 2016 just days after the Supreme Court, by a slim 5 to 4 majority, stayed the EPA’s enforcement of the Clean Power Plan. Among other...more
On February 11, 2016, the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service jointly published final regulations and a final policy addressing critical...more
On Tuesday, February 9, 2016, only a few weeks after the U.S. Court of Appeals for the District of Columbia Circuit denied a multistate plea to stop the U.S. EPA’s Clean Power Plan, the United States Supreme Court issued a...more
In 2015 the California appellate courts continued to chart new ground as they grappled with some of CEQA’s most difficult and controversial questions. The Supreme Court of California led the way, issuing four opinions on...more
California Governor Jerry Brown signed into law Senate Bill 350, the “Clean Energy and Pollution Reduction Act of 2015” on October 7, 2015. SB 350 reflects some of Governor Brown’s bold commitments from his inaugural speech...more
In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the...more
The United States Fish and Wildlife Service determined on October 5, 2015 that the Sonoran Desert Tortoise, found primarily in Arizona, does not qualify as either an endangered or threatened species under the Endangered...more
On September 4, 2015, the U.S. Court of Appeals for the Fifth Circuit held in United States v. CITGO Petroleum Co. that the Migratory Bird Treaty Act’s take prohibition does not include the unintentional take of migratory...more
On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more