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Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

U.S. Environmental Protection Agency Announces 31 Actions

On March 12, 2025, the U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced that the agency is undertaking 31 significant actions in furtherance of the President’s Inaugural Day Executive Orders....more

President Trump’s Executive Actions’ Drill Down to “Commonsense” Sweeping Reforms

“We will drill, baby, drill!” This was an emphatic promise from President Donald J. Trump during his Inaugural Address on January 20, 2025; but also his campaign mantra that, in part, contributed to his electoral and...more

Mining Permitting Just Got an Upgrade: Understanding BLM’s New Approach

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands....more

Revitalization of the Multiple Use Mandate

On February 11, 2025, the U.S. House Committee on Natural Resources, Subcommittee on Federal Lands, held an Oversight Hearing on “Restoring Multiple Use to Revitalize America’s Public Lands and Rural Communities.”...more

BLM Announces Actions to Improve Mine Permitting

The Bureau of Land Management (BLM) has recently introduced a significant policy shift aimed at streamlining the permitting process for mineral projects on public lands. With the launch of the new “pre-plan coordination”...more

EPA Announces COVID-19 Interim Field Work Guidance

On April 10, 2020, the U.S. EPA published “Interim Guidance on Site Field Work Decisions Due to Impacts of COVID-19.” Directed specifically to the Agency’s Regional Administrators, the interim guidance was issued for response...more

EPA Announces Enforcement Discretion Policy for Noncompliance Caused by COVID-19 Pandemic

EPA announced on March 26, 2020 a temporary enforcement policy regarding EPA enforcement of environmental legal obligations. In general, EPA does not expect to seek penalties for violations of routine compliance monitoring,...more

Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

here is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the...more

Forever Chemicals (PFAS) Start New Decade With Flurry of Scrutiny

The first few weeks of 2020 have seen regulatory and litigation attention heaped upon what have come to be known as “forever chemicals” or Per-and Polyfluoroalkyl Substances (PFAS), which encompass more than 5,000 chemical...more

Rosemont Project FEIS, ROD and Unpatented Mining Claims Dealt Blow by Arizona District Court

The Rosemont Copper Project suffered a shocking setback with a July 31, 2019 order issued by the U.S. District Court for the District of Arizona in Center for Biological Diversity, et al., v. United States Fish & Wildlife...more

Environmental Groups’ Push to Impose Additional Financial Assurance Requirements on the Hardrock Mining Industry Rejected by the...

A decade of lingering uncertainty for the mining industry regarding potentially billions of dollars in new regulatory compliance costs is now over (at least for now) as a result of the United States Court of Appeals for the...more

Double Trouble for Vehicle and Equipment Imports: EPA and Customs Continue Vigorous Port Inspection and Enforcement Program

Manufacturers, distributors, and retailers of recreational vehicles and lawn and garden equipment subject to EPA regulations should take no comfort in rumors of EPA’s reduced enforcement activity under the Trump...more

Shutdown Reflections on WOTUS

The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication...more

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