The Council on Environmental Quality (CEQ) has issued an interim final rule and corresponding memorandum to heads of federal departments and agencies indicating its intent to rescind prior National Environmental Policy Act...more
2/26/2025
/ Administrative Agencies ,
Audubon Society ,
Biden Administration ,
CEQ ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Interim Final Rules (IFR) ,
Judicial Review ,
NEPA ,
Permits ,
Regulatory Reform ,
SCOTUS ,
Trump Administration
The U.S. Court of Appeals for the District of Columbia Circuit on Jan. 31, 2025, declined a request to review its decision that challenged the authority of the Council for Environmental Quality (CEQ), leaving open questions...more
2/5/2025
/ Administrative Authority ,
Biden Administration ,
CEQ ,
En Banc Review ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Judicial Authority ,
Judicial Review ,
NEPA ,
Regulatory Authority ,
Trump Administration
The U.S. Army Corps of Engineers (Corps) and U.S. Environmental Protection Agency (EPA) on Aug. 29, 2023, issued a final rulemaking revising the definition of "Waters of the United States" (WOTUS) within Corps1 and EPA2...more
9/8/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Jurisdiction ,
Legal History ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States
The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more
1/20/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Navigable Waters ,
Rapanos v US ,
Regulatory History ,
Rulemaking Process ,
Sackett ,
SCOTUS ,
Substantial Nexus ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
A lot has been written recently about the recent final rule issued by the Council on Environmental Quality (CEQ) to amend certain provisions of its regulations for implementing the National Environmental Policy Act (NEPA)....more
The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced on Aug. 4, 2021, the start of a long anticipated rulemaking process to revise the regulatory definition of "waters of the U.S."...more
8/9/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States