On-Demand Webinar | Recent Updates to Federal Environmental and Natural Resource Regulations
On-Demand Webinar | Linear Infrastructure Redux: Adapting Your Projects to Meet the New Regulatory Climate
The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more
On August 11, 2021, the U.S. Court of Appeals for the Ninth Circuit granted partial vacatur of an appeal brought by the U.S. Army Corps of Engineers (Corps) challenging a district court decision to vacate and enjoin use of...more
The Sierra Club and other environmental organizations filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Montana against the United States Army Corps...more
On January 5, 2021, the U.S. Army Corps of Engineers (“Army Corps”) released a pre-publication version of its final rule reissuing and modifying a subset of its suite of nationwide permits (“NWPs”), including those used for...more
Overview of the current energy mix, and the place in the market of different energy sources - Due in large part to the COVID-19 pandemic, U.S. total energy consumption in 2020 is on pace to decline for a second straight...more
The Army Corps of Engineers issued a prepublication version of its Proposal to Reissue and Modify Nationwide Permits (NWPs) on August 3, 2020. The proposal would reissue all 52 existing nationwide permits, some with...more
This is Part 4 in a five-part series addressing the latest changes in legal standards regulating water resources in the United States. Part 4 addresses the fallout from recent decisions in a lawsuit over the Keystone XL...more
Here’s a report on several new decisions made over the past few days. U.S. SUPREME COURT - U.S. Army Corps of Engineers v. Northern Plains Resources Council - On July 8, 2020, the Court has issued a partial stay of the...more
Update June 17, 2020: On June 15, 2020, the U.S. Army Corps of Engineers filed an application to the U.S. Supreme Court for a stay of the April 15, 2020, order (amended May 11, 2020) issued by the U.S. District Court of...more
Update May 29, 2020: On May 28, 2020, the U.S. Court of Appeals for the Ninth Circuit issued an order denying the appellants’ emergency motions for a partial stay of the district court’s April 15, 2020, and May 11, 2020,...more
A permitting program that is important to developers and environmentalists is in turmoil after a series of judicial actions in the Keystone XL Pipeline case. ...more
Bricker & Eckler and Hull & Associates will discuss the potential impacts and outcomes of recent activities in the area of surface water permitting. Specifically, we will be addressing the court ruling in Northern Plains...more
Being able to move oil and gas to markets is a priority for all exploration and production companies, and their distributors, and customers. Yesterday, a ruling from the U.S. District Court for the District of Montana,...more
Yesterday, the U.S. Army Corps of Engineers (Corps) appealed to the United States Court of Appeals for the Ninth Circuit the decision of a lower court to vacate nationwide permit 12 (NWP 12) until the Corps completes...more
The economy may be stalled, but the use of Nationwide Permit (NWP) 12 just opened back up for non-oil and gas pipeline projects. A recent decision rocked the permitting community as a judge vacated NWP 12 outright because the...more
On Monday, the United States District Court for the District of Montana issued an order amending its previous order, which had invalidated nationwide permit 12 (NWP 12) on the basis that the U.S. Army Corps of Engineers...more
The Sierra Club filed on April 30th a Complaint for Declaratory and Injunctive Relief (“Complaint”) against the United States Army Corps of Engineers (“Corps”) challenging the discharge of dredged or fill material into waters...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order with potentially broad-sweeping implications for energy-related projects across the country. ...more
On April 15, 2020, the U.S. District Court for the District of Montana issued an order that could impact energy and development projects across the United States. The court granted partial summary judgment in favor of...more
On March 21, 2017, the United States Supreme Court decided the case of National Labor Relations Board v. SW General, Inc. This case concerns the operation and application of the Federal Vacancies Reform Act of 1998 (FVRA). ...more
Environmental and Policy Focus - Trump directs rollback of Obama-era water rule - The Washington Post - Feb 28 - President Trump on Tuesday instructed the Environmental Protection Agency (EPA) and Army Corps of...more
National Environmental Policy Act (“NEPA”) challenges to pipeline projects and other natural gas infrastructure have become a commonplace tool in recent years for environmental groups seeking to defeat or delay midstream...more