News & Analysis as of

Clean Water Act Clean Air Act National Environmental Policy Act

The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to... more +
The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination.  The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -
Allen Matkins

White House Aims To Accelerate Environmental Permitting For Data Centers

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On July 23, 2025, the White House issued an Executive Order titled “Accelerating Federal Permitting of Data Center Infrastructure.” Released alongside “America’s Artificial Intelligence (AI) Action Plan,” the Order reflects a...more

White & Case LLP

Trump Administration Issues Executive Order to Streamline Data Center Development

White & Case LLP on

On July 23, 2025, President Trump issued an Executive Order (the "EO") that directs federal agencies to streamline permitting reviews, provide financial support, and utilize federal land for the expeditious development of...more

Vorys, Sater, Seymour and Pease LLP

Trump Administration Proposes New Nationwide Permit for Data Centers and other Permitting Reforms

On July 23, the White House released “Winning the Race: America’s AI Action Plan,” (the "Plan") in response to President Trump’s January 23 Executive Order, “Removing Barriers to American Leadership in Artificial...more

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

Winning the Race: White House Releases America's AI Action Plan

The Executive Office of the President of the United States released a July 2025 document titled: Winning the Race – America’s AI Action Plan (“Action Plan”). The stated objective of the Action Plan is to ensure the...more

Latham & Watkins LLP

A “Golden Age” of Data Center Dominance

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A new executive order seeks to streamline funding for and construction of data center projects by reducing regulatory red tape. On July 23, 2025, the Trump administration issued an executive order titled “Accelerating...more

ArentFox Schiff

Top 3 Supreme Court Environmental and Administrative Trends of 2025

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Within this term, the US Supreme Court’s major environmental and administrative focus was on statutory text in its environmental and administrative decisions....more

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Holland & Knight LLP

EPA Proposes Significant Budget Reduction for Fiscal Year 2026

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The U.S. Environmental Protection Agency's (EPA) budget proposal for fiscal year (FY) 2026 fundamentally reimagines the federal government's role in environmental policy and regulation. If enacted by Congress, EPA's budget...more

Allen Matkins

California Environmental Law & Policy Update 6.6.25

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they perform, fund, or approve — does not...more

Stinson LLP

Trump's First 100 Days: Environmental

Stinson LLP on

At a high level, President-elect Trump is expected to issue executive orders to pause pending rules, use the Congressional Review Act to withdraw recently finalized rules, and halt agency activity while the administration...more

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

National Environmental Policy Act: U.S. Court of Appeals for the D.C. Circuit Holds Council on Environmental Quality Lacks...

The United States Court of Appeals for the District of Columbia Circuit (“Court”) issued a November 12th Opinion addressing an issue arising out of the National Environmental Policy Act (“NEPA”). See Marin Audubon Society, et...more

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

Operation of Bonnet Carre´ Spillway/National Environmental Policy Act: Federal Appellate Court Addresses Whether Army Corps of...

A group of Mississippi municipalities and associations filed a lawsuit in the United States District Court (S.D. Miss.) against the United States Army Corps of Engineers (“Corps”) for allegedly violating the National...more

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

Building United States Infrastructure Through Limited Delays/Efficient Reviews Act of 2023: U.S. Committee on Natural Resources...

The United States House of Representatives Committee on Natural Resources (“Committee”) is holding a hearing today addressing the following legislation: Building United States Infrastructure through Limited Delays and...more

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

Ozark-St. Francis National Forest/Prescribed Burn/Logging/National Environmental Policy Act: Buffalo River Watershed Alliance...

The Buffalo River Watershed Alliance (“BRWA”) filed a February 21st Complaint for Vacatur of Illegal Agency Decision, Declaratory and Injunctive Relief (“Complaint”) against the United States Forest Service (“Forest Service”)...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: Hog Catching, “Hard Looks” and Hardship Exemptions

If “Winter comes, can Spring be far behind?” It’s been a quiet term thus far for the Supreme Court, due in part to the hearing of oral arguments in many contentious cases. Below is a brief summary of some of the recent...more

ArentFox Schiff

Fourth Circuit Precludes NGO Challenge to Trump Administration NEPA Rules as Biden Administration Promulgates Replacements

ArentFox Schiff on

These days, environmental policy is often established indirectly. While “Schoolhouse Rock” may have taught some of us “How a Bill Becomes a Law,” its insights are less relevant in the current era where things like purportedly...more

Stinson LLP

Environmental Wrap-Up 2022 and What to Expect in 2023

Stinson LLP on

This alert looks at developments in environmental law that were at the forefront in 2022; the trend is expected to continue into 2023 as the Biden administration continues to act on its regulatory initiatives in the energy...more

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

Consideration of Greenhouse Gas Emissions/Climate Change: Council on Environmental Quality Issues Interim National Environmental...

The Council on Environmental Quality (“CEQ”) published in the January 9th Federal Register a document titled: National Environmental Policy act Guidance on Consideration of Greenhouse Gas Emissions and Climate Change...more

King & Spalding

US EPA Releases Guidance on Legal Tools to Advance Environmental Justice

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On May 26, 2022, the Environmental Protection Agency’s Office of the General Counsel released EPA Legal Tools to Advance Environmental Justice (“EJ Legal Tools”). The document builds on and updates EPA’s 2011 Plan EJ 2014:...more

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

U.S. Postal Service Vehicle Acquisition: Sierra Club Files National Environmental Policy Act Judicial Challenge

The Sierra Club and two other environmental organizations filed an April 28th Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Postal Service (“Service”) alleging violation of the...more

Downey Brand LLP

Congress Passes $1.2 Trillion Bipartisan Infrastructure Legislation

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After passage in both houses of Congress, the highly-anticipated $1.2 trillion infrastructure legislation package, more commonly referred to as the “Infrastructure Investment and Jobs Act” (“Act”), has headed to President...more

King & Spalding

US EPA Issues Draft Strategic Plan

King & Spalding on

Emphasis on Environmental Justice and Climate Change - The EPA's draft Strategic Plan provides the key to understanding the agency's priority goals and initiatives, including Climate Change and Environmental Justice...more

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

National Environmental Policy Act: Council of Environmental Quality Proposal to Withdraw Trump Era Rules

The Council on Environmental Quality published in the October 7th Federal Register at Notice of Proposed Rulemaking (“NPR”) to withdraw certain Trump Administration revisions to its National Environmental Policy Act (“NEPA”)...more

King & Spalding

Environmental Justice Rises to the Forefront of EPA Policy

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EPA and OMB issue directives and propose an initial budget for the Biden Administration’s EJ initiatives - With the Biden Administration’s appointees now in place, environmental justice (EJ) is moving to the forefront of...more

Holland & Hart LLP

Policy Review Heats Up Under New EPA Administrator Regan

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The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more

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