Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
The past month brought a flurry of updates from federal agencies publishing new procedures to implement the National Environmental Policy Act (NEPA), following President Trump’s Executive Order 14154 (EO 14154) in January...more
There have been more changes to the National Environmental Policy Act (“NEPA”) and its implementing regulations in the past nine months than perhaps at any point since NEPA was signed into law by President Nixon on January 1,...more
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
For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more
One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of...more
“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more