News & Analysis as of

Environmental Policies Statutory Interpretation Government Agencies

Morrison & Foerster LLP

Another Step Change for USDA’s GE Regs: APHIS Ceases NEPA Review of Petitions for Nonregulated Status

The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) announced on July 9, 2025, that it will no longer conduct environmental analyses under the National Environmental Policy Act (NEPA) when...more

ArentFox Schiff

Maryland Court Rules EPA’s Termination of Environmental Justice Grants Violates APA

ArentFox Schiff on

Changes in presidential Administration often mean changes in policy priorities and budgeting, but a Maryland federal district court recently held that the executive branch’s ability to pivot on policy has limits....more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

Vinson & Elkins LLP on

In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

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 carry out, fund, or approve — does not...more

Hanson Bridgett

The Supreme Court Takes Aim at NEPA

Hanson Bridgett on

On May 29, 2025, the Supreme Court issued its Opinion in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al., one of the most high-profile National Environmental Policy Act, or NEPA, cases to reach...more

Miller Starr Regalia

The Federal Clean Water Act In 2025: A Retracting Construction

Miller Starr Regalia on

More than 50 years ago, the Federal Clean Water Act (CWA or Act) was enacted by Congress to protect the quality of the Nation’s waters. The scope of that protection has been evolving ever since. Until relatively recently, the...more

Allen Matkins

Federal Agencies Propose Rescission of “Harm” Definition Under Endangered Species Act

Allen Matkins on

On April 17, 2025, the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (collectively, the Services) published a proposed rule in the Federal Register to rescind their respective...more

Troutman Pepper Locke

No Harm, No Foul? Services Propose to Remove Harm Definition from Endangered Species Act Regulations

Troutman Pepper Locke on

On April 17, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together Services) published a proposed rule to rescind the long-standing definition of “harm” under the Endangered Species...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

Troutman Pepper Locke on

On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Pierce Atwood LLP

May v. Must – The Scope of Agency Permitting Review under Statutory Standards

Pierce Atwood LLP on

The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more

Hanson Bridgett

Court Reaffirms Constitution’s Role in Water Use Disputes

Hanson Bridgett on

On April 2, 2025, California’s Fifth Appellate District issued a decision in Bring Back the Kern v. City of Bakersfield (April 2, 2025, F087487) (2025 WL 98443). The Court held the “self-executing” reasonableness requirement...more

Holland & Knight LLP

Supreme Court Hears Oral Argument in Nuclear Waste Storage Cases

Holland & Knight LLP on

The U.S. Supreme Court on March 5, 2025, heard oral argument in two cases related to the U.S. Nuclear Regulatory Commission's (NRC) authority to license temporary spent fuel storage facilities that are not co-located with a...more

Perkins Coie

D.C. Circuit Dismisses Clean Air Act Challenge to New EPA Policy Memorandum, Finding No “Final Agency Action”

Perkins Coie on

The U.S. Court of Appeals for the D.C. Circuit has issued an important decision that narrowly interprets the types of governmental decisions that may be challenged in court as “final agency action.” In California Communities...more

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