News & Analysis as of

Biden Administration Environmental Protection Agency (EPA) Permits

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 401/Clean Water Act: U.S. Environmental Protection Agency Issues Memorandum Addressing Scope of the Certification Process

The United States Environmental Protection Agency (“EPA”) issued a May 21st memorandum titled” Clarification regarding the Application of Clean Water Act Section 401 Certification (“Memorandum”)....more

Perkins Coie

Presidential Memorandum on Wind Energy Designed to Decrease Permitting Efficiency and Increase Uncertainty for Onshore and...

Perkins Coie on

On January 20th, President Donald Trump launched his first attack on the wind industry by issuing a Presidential Memorandum, which temporarily bars future offshore wind leasing in federal waters and pauses issuance of any...more

Kilpatrick

Is the Giant Going Back to Bed? EPA’s Potential Retreat on “Environmental” Enforcement of Title VI of the Civil Rights Act of 1964

Kilpatrick on

In December 2021, we reported on a “Sleeping Giant” being awakened through the Biden Administration’s 2022-2026 Strategic Plan and its goal of using enforcement of the Civil Rights Act of 1964 Title VI as a key tool to...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Bricker Graydon LLP on

On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

ArentFox Schiff

Environmental Justice Update: Five End-of-Year Lessons from EPA's 2022 Efforts

ArentFox Schiff on

The first two years of the Biden Administration have resulted in a seismic shift in terminology in the environmental space. Environmental justice (EJ), formerly viewed as a theoretical goal, has become unifying federal driver...more

ArentFox Schiff

EPA Releases Interim FAQs Addressing How Environmental Justice Issues Could Impact Permitting

ArentFox Schiff on

The Biden Administration has long been clear that it believes environmental justice (EJ) issues should be at the forefront of federal environmental law. With that in mind, US Environmental Protection Agency (EPA) and other...more

Woods Rogers

Legal Alert – U.S. Army Corps Pauses Permit Decisions

Woods Rogers on

Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more

Williams Mullen

Environmental Notes - July 2021

Williams Mullen on

Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.” Major changes to how Virginia tidal waterfront property owners...more

Foley & Lardner LLP

Environmental Justice and Why You Should Care

Foley & Lardner LLP on

“Environmental Justice” is the concept that all people - regardless of race, color, national origin, or income - should receive fair treatment and have meaningful involvement with respect to the development, implementation,...more

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