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Biden Administration › Supreme Court of the United States › Environmental Policies

Vinson & Elkins LLP

The New NEPA: Federal Agencies Overhaul Procedures for Environmental Reviews

Vinson & Elkins LLP on

On July 3, 2025, the Federal Energy Regulatory Commission (“FERC” or the “Commission”), the U.S. Army Corps of Engineers (“Army Corps”), and the Departments of Energy (“DOE”), Interior (“DOI”), Transportation (“DOT”),...more

Holland & Knight LLP

Seismic Changes in Federal Environmental Reviews: CEQ to Rescind NEPA Regulations

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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

Wiley Rein LLP

Trump Administration Requests Pauses in Several Supreme Court Cases to Reconsider Biden Administration Policies

Wiley Rein LLP on

On January 24, 2025, the Trump Administration asked the U.S. Supreme Court to pause briefing in several cases on the current merits docket. In making the request, Acting Solicitor General Sarah Harris explained that the new...more

Brownstein Hyatt Farber Schreck

Here We WOTUS Again

Brownstein Hyatt Farber Schreck on

On Aug. 29, 2023, the Biden administration issued a prepublication version of yet another final Clean Water Act rule (“Conforming Rule”) revising the definition of “waters of the United States” (“WOTUS”) in response to the...more

Nossaman LLP

Agencies Announce Intent to Issue Final WOTUS Rule by September 1st

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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

Mintz

President Biden's Remarks on Executive Actions in Support of Climate Change Agenda

Mintz on

Earlier this week, President Biden delivered a speech identifying certain executive actions he planned to undertake in order to advance his agenda of combatting climate change. These included: (1) "$2.3 billion to help...more

Brownstein Hyatt Farber Schreck

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

Kohrman Jackson & Krantz LLP

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

Kohrman Jackson & Krantz LLP on

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

Holland & Hart LLP on

Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more

Mintz

We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be...

Mintz on

EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next year in time for the 50th anniversary of the Clean Water Act. Before I get to the...more

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