On January 10, 2020, the White House’s Council on Environmental Quality (CEQ) issued a proposed rule that would substantially revise its regulations for implementing the procedural provisions of the National Environmental...more
1/14/2020
/ CEQ ,
Congressional Review Act ,
Environmental Assessments ,
Environmental Policies ,
Environmental Review ,
Fixing America’s Surface Transportation Act (FAST Act) ,
NEPA ,
Notice of Intent ,
Proposed Rules ,
Public Comment ,
Rulemaking Process
Last week, final rules from the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “the Services”) impacting key components of the Endangered Species Act (ESA) were published in the...more
In a victory for environmental groups, the U.S. District Court for the District of Columbia issued a ruling this week with far-reaching consequences for energy projects on federal lands and “the attention the government must...more
3/25/2019
/ Bureau of Land Management ,
Climate Change ,
Energy Projects ,
Energy Sector ,
Environmental Assessments ,
Environmental Litigation ,
Environmental Policies ,
Environmental Violations ,
Federal Land ,
Government Agencies ,
Greenhouse Gas Emissions ,
NEPA ,
Oil & Gas
Last week, Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Ed Markey (D-MA) released more details on the much-anticipated “Green New Deal” in the form of a non-binding resolution. As the name suggests, the legislators modeled...more
2/13/2019
/ Carbon Emissions ,
Clean Energy ,
Climate Change ,
Economic Development ,
Energy Sector ,
Environmental Policies ,
Green Infrastructure ,
Greenhouse Gas Emissions ,
Infrastructure Financing ,
Job Creation ,
Legislative Agendas ,
Renewable Energy ,
Research and Development ,
Transportation Industry
On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more
On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more
9/12/2018
/ Amended Rules ,
Appeals ,
Clean Air Act ,
Delays ,
Emergency Response ,
Enforcement ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Hazardous Waste ,
Proposed Rules ,
Risk Management ,
Safety Precautions ,
Toxic Chemicals ,
Vacated
On May 9, 2018, Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a memorandum outlining a “back-to-basics” process for reviewing National Ambient Air Quality Standards (NAAQS) for criteria...more
On April 30, 2018, the Environmental Protection Agency (EPA) published in the Federal Register a controversial proposed rule seeking to restrict the types of scientific research and findings that the EPA can consider in...more
5/2/2018
/ Confidential Information ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Register ,
Non-Public Information ,
Proposed Rules ,
Proprietary Information ,
Public Health ,
Rulemaking Process ,
Safe Drinking Water Act ,
Scientific Research ,
Toxic Substances Control Act (TSCA) ,
Transparency
On April 11, 2018, the U.S. Fish and Wildlife Service (FWS) issued a Memorandum titled “Guidance on the recent M-Opinion affecting the Migratory Bird Treaty Act” (the “Memorandum”), giving field advice to its enforcement...more
4/23/2018
/ Bald and Golden Eagle Protection Act ,
Department of the Interior ,
Endangered Species ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Incidental Take Permits ,
Memorandum of Guidance ,
Migratory Bird Treaty Act (MBTA) ,
Oil & Gas ,
US Fish and Wildlife Service
• The Opinion finds that the Migratory Bird Treaty Act (MBTA) prohibits only affirmative and purposeful actions to take migratory birds. Incidental takes that are not the purpose of an action, even if they are direct and...more