In the past two weeks, six federal permitting agencies — the U.S. Departments of Interior (USDOI), Agriculture (USDA), Energy (DOE), Commerce (DoC), Defense (DoD), and Transportation (USDOT) — withdrew most of their National...more
7/10/2025
/ Department of Defense (DOD) ,
Department of Energy (DOE) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Deregulation ,
Environmental Policies ,
Executive Orders ,
Final Rules ,
Government Agencies ,
NEPA ,
New Guidance ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
USDA
On Monday, June 9, the U.S. Fish and Wildlife Service (FWS) opened a short, 30-day public comment period soliciting information and comments to, “improve the overall efficiency and effectiveness” of Section 10(a) take...more
6/11/2025
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Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Government Agencies ,
Habitat Conservation Plan ,
Permits ,
Public Comment ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Fish and Wildlife Service
Join Josh Kaplowitz and Morgan Gerard as they delve into key takeaways from the ACP Siting and Permitting Conference in Seattle. Discover emerging trends in renewable energy, including biodiversity goals, battery storage...more
On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more
4/21/2025
/ Chevron Deference ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Government Agencies ,
Loper Bright Enterprises v Raimondo ,
National Marine Fisheries Service ,
Proposed Rules ,
Regulatory Agenda ,
Regulatory Reform ,
Statutory Interpretation ,
Trump Administration ,
US Fish and Wildlife Service
On the evening of April 9, 2025, the Trump administration released a pair of deregulatory executive actions that could have major implications for any industry subject to federal rules — and are also likely to be a magnet for...more
4/11/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Climate Change ,
Deregulation ,
Energy Policy ,
Environmental Justice ,
Environmental Policies ,
Executive Orders ,
Loper Bright Enterprises v Raimondo ,
Regulatory Authority ,
Regulatory Reform ,
Trump Administration
On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more
2/21/2025
/ Administrative Procedure Act ,
Audubon Society ,
CEQ ,
Energy Projects ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Final Rules ,
Interim Final Rules (IFR) ,
NEPA ,
Regulatory Reform ,
Trump Administration
This past Monday, the U.S. District Court for the District of North Dakota issued its ruling in the closely watched case of Iowa v. Council on Envtl. Quality, 1:24-cv-089 (D.N.D. Feb. 3, 2025), vacating the Biden...more
Newly confirmed Interior Secretary Doug Burgum wasted little time implementing many of President Trump’s initial energy executive orders (EOs), unleashing a round of Secretary’s Orders (SOs) this past Monday that push fossil...more
2/6/2025
/ Energy Policy ,
Environmental Policies ,
Executive Orders ,
Fossil Fuel ,
Infrastructure ,
Mining ,
Offshore Drilling ,
Oil & Gas ,
Outer Continental Shelf ,
Regulatory Reform ,
Renewable Energy ,
Secretary of the Interior ,
Trump Administration
On March 27, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the Services) issued three sets of final rules revising the Endangered Species Act (ESA) regulations. The...more
The Endangered Species Act regulations have become a political hot potato, with regulatory revisions occurring each time there is a change in administration. On March 28, the U.S. Fish and Wildlife Service (FWS) and the...more
4/5/2024
/ Critical Habitat ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Final Rules ,
National Marine Fisheries Service ,
Proposed Regulation ,
Proposed Rules ,
Regulatory Agenda ,
Section 7 ,
US Fish and Wildlife Service
The U.S. Fish and Wildlife Service (FWS) continues to focus on protections for bat species that have been ravaged by white-nose syndrome. In 2023, the Northern Long-Eared Bat (NLEB) was uplisted to endangered status. The FWS...more
Effective April 12, a new eagle take permitting regime will be in place. The eagle take permitting scheme has been criticized because of its overly conservative and burdensome requirements. These concerns culminated in a...more
On February 8, the U.S. Fish and Wildlife Service (FWS) proposed regulatory changes (Proposed Rule) focused on the application and approval process for Endangered Species Act (ESA) permits issued under Section 10. Section 10...more
On November 17, the U.S. Fish and Wildlife Service (Service) announced that $38 million in grant funding is available in fiscal year 2023 for fish passage projects. The goal is to award this funding to projects that address...more
Section 7 of the Endangered Species Act (ESA) requires the Army Corps of Engineers (Corps) to consult with the National Oceanic and Atmospheric Administration Fisheries (NOAA) (together “Agencies) before undertaking work or...more
On October 26, the Fish and Wildlife Service (FWS) and National Marine Fisheries Service (the Services) proposed to rescind two Trump-era final rules: the Habitat Definition Rule and the Designating Critical Habitat Rule....more
On October 7, the Council on Environmental Quality (CEQ) issued a Notice of Proposed Rulemaking (NOPR) to revise its regulations implementing the National Environmental Policy Act (NEPA), which requires federal agencies to...more
In the wake of the U.S. Supreme Court’s decision in Weyerhaeuser Co. v. U.S. FWS, 139 S.Ct. 361 (2018), the United States Fish and Wildlife Service (FWS) has issued a series of proposals to refine the scope, meaning, and...more
Our lead article this month concerns the Council on Environmental Quality’s (CEQ) long-awaited final rule on the National Environmental Policy Act (NEPA). The rule introduces sweeping changes to the NEPA regulations, aimed at...more