The intricacies of the Waters of the U.S. (WOTUS) definition continue to evolve, especially with recent changes initiated under the Trump administration and landmark clarifications from the Supreme Court's Sackett v. EPA...more
On August 29, 2023, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) (collectively, the Agencies) released their amendment to January 2023 rule (January 2023 Rule) defining what...more
8/31/2023
/ Amended Rules ,
Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett v EPA ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 26, 2023, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) announced their intent to amend the Biden administration’s January 2023 waters of the United States (WOTUS) rule and...more
6/29/2023
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
9/14/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers
From Executive Orders to court decisions, the environmental regulatory landscape seems to be changing from day to day. Many of the changes will increasingly have impacts on the timing, placement and cost of construction and...more
8/12/2022
/ Bald and Golden Eagle Protection Act ,
Biden Administration ,
Clean Water Act ,
Climate Change ,
Conservation ,
Continuing Legal Education ,
Environmental Litigation ,
Environmental Policies ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
NEPA ,
Permits ,
Regulatory Requirements ,
US Army Corps of Engineers ,
Webinars
The Council on Environmental Quality (CEQ) has finalized revisions to portions of the agency’s National Environmental Policy Act (NEPA) implementing regulations (Phase I Regulations), which had been revised in 2020 under the...more
On December 10, 2021, the Biden Administration released the Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions (Unified Agenda), which is a semi-annual compilation of information concerning regulations and policy...more
12/21/2021
/ Biden Administration ,
Conservation ,
Critical Habitat ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Habitat Conservation Plan ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
NEPA ,
Regulatory Agenda ,
Regulatory Reform ,
US Fish and Wildlife Service
This is the first in a series of eAlerts on proposed revisions to regulations implementing the National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality (CEQ). This Notice of Proposed Rulemaking...more
On September 3, 2021, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) announced the agencies’ will abandon the definition of Waters of the United States (WOTUS) set forth in the April 21,...more
9/7/2021
/ Biden Administration ,
Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Regulatory Agenda ,
Regulatory Reform ,
Rulemaking Process ,
US Army Corps of Engineers ,
Waters of the United States
On June 29, 2021, the Council on Environmental Quality (CEQ) will publish an interim final rule (IFR) extending the deadline by which federal agencies are required to adopt updated National Environmental Policy Act (NEPA)...more
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
6/15/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Zoning Laws
Linear infrastructure projects, including oil and gas pipelines, electric transmission lines and transportation, have faced a number of regulatory challenges over the last year. Some of these challenges stem from changes in...more
5/26/2021
/ Biden Administration ,
Clean Water Act ,
Climate Change ,
Construction Industry ,
Continuing Legal Education ,
Criminal Liability ,
Delays ,
Electricity ,
Endangered Species Act (ESA) ,
Energy Projects ,
Energy Sector ,
Environmental Justice ,
Environmental Litigation ,
Environmental Policies ,
Executive Orders ,
Guidance Documents ,
Infrastructure ,
Migratory Bird Treaty Act (MBTA) ,
Nationwide Permits (NWPs) ,
NEPA ,
Oil & Gas ,
Pipelines ,
Regulatory Requirements ,
Rescission ,
Revocation ,
Risk Management ,
Transmission Lines ,
Transportation Industry ,
Waters of the United States ,
Webinars ,
Zoning Laws
On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 17, 2020 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and...more
1/22/2021
/ Biden Administration ,
Climate Change ,
Critical Habitat ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Executive Orders ,
Migratory Bird Treaty Act (MBTA) ,
Navigable Waters ,
NEPA ,
Regulatory Reform ,
US Fish and Wildlife Service