News & Analysis as of

Proposed Rules Loper Bright Enterprises v Raimondo

Williams Mullen

Agencies Propose Revision to the Endangered Species Act “Harm” Definition

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The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively referred to as the “Agencies”) proposed on April 17, 2025, to remove the definition of “harm” under their respective...more

Foley Hoag LLP - Energy & Climate Counsel

EPA Introduces Rule To Repeal Endangerment Finding

On Tuesday July 29, the U.S. Environmental Protection Agency (“EPA”) announced a proposed rule to repeal its 2009 finding that greenhouse gas (“GHG”) emissions from new motor vehicles contribute to pollution and endanger...more

Womble Bond Dickinson

Pulling the Critical Block: EPA’s Repeal of the Endangerment Finding Could Topple Climate Rules

Womble Bond Dickinson on

On Tuesday, EPA proposed to repeal its 2009 Endangerment Finding (Repeal Proposal). That’s a big deal, with expansive implications. The 2009 Endangerment Finding determined six greenhouse gases (GHG) are air pollutants that...more

DLA Piper

EPA Proposes to Rescind Landmark Greenhouse Gas Endangerment Finding and Eliminate Mobile Source Emissions Standards for GHGs

DLA Piper on

Today, August 1, 2025, the US Environmental Protection Agency (EPA) published a controversial proposed rule that, if finalized, would rescind the agency’s landmark 2009 determination that greenhouse gas (GHG) emissions from...more

Fox Rothschild LLP

Proposed Rules Would Eliminate Most Affirmative Action Requirements for Federal Contractors

Fox Rothschild LLP on

In a sweeping shift, the Department of Labor (DOL) has proposed to rescind nearly all affirmative action requirements that apply to federal contractors under EO 11246 and Section 503. The changes, outlined in recent...more

Balch & Bingham LLP

5 Steps To Promote Durable, Pro-Industry Environmental Regs

Balch & Bingham LLP on

The U.S. Environmental Protection Agency's March 12 announcement of 31 deregulatory initiatives may seem like a major shift. But most of these actions require reconsideration of existing rules — a process that is governed...more

Offit Kurman

The Heat Is On: OSHA’s Proposed Heat Safety Rule Advances with June 16 Hearing

Offit Kurman on

As summer temperatures soar, so does the urgency for workplace safety measures to protect employees from heat-related illnesses. On July 2, 2024, the Occupational Safety and Health Administration (OSHA) unveiled its proposed...more

Winstead PC

Trump Administration Redefines “Harm” Under The Endangered Species Act (ESA)

Winstead PC on

On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service (together, the “Services”) proposed to rescind their longstanding regulatory definition of “harm”, which has for decades served...more

Latham & Watkins LLP

Federal Agencies Take Steps to Narrow Application of Endangered Species Act and Migratory Bird Treaty Act

Latham & Watkins LLP on

The Trump administration changes course on regulatory interpretations relating to the scope of protections for endangered and threatened species and migratory birds. ...more

Best Best & Krieger LLP

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

On April 17, 2025, the U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) proposed a rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The proposed rule...more

Greenberg Glusker LLP

Federal Agencies Propose Rule to Rescind the Definition of “Harm” Under the Endangered Species Act:

Greenberg Glusker LLP on

On April 17, 2025, the Departments of Interior and Commerce issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA) which, if finalized, would fundamentally alter a...more

Pierce Atwood LLP

FCC Dials Back TCPA Rules While Consumer and Small Business Groups Move to Intervene

Pierce Atwood LLP on

The first months of 2025 have brought a number of notable developments in TCPA litigation and compliance, kicking off with the eleventh-hour announcement by the FCC on January 24 that it would postpone the effective date of...more

Stoel Rives - Environmental Law Blog

U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under...

On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would...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

Foley Hoag LLP - Environmental Law

FWS and NMFS Propose to Eliminate Habitat Loss From the Definition of "Harm" Under the ESA: Is This the "Best Meaning" of the ESA?

Earlier this week, my colleagues Adam Kahn and Kevin Chen posted about the proposed rule issued by the Fish and Wildlife Service and the National Marine Fisheries Service that would rescind the definition of “harm” under the...more

Foley Hoag LLP - Environmental Law

Major Shift Proposed for Endangered Species Act Interpretation: Redefining “Harm”

On April 17, 2025, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) issued a proposed rule to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). This...more

Holland & Knight LLP

"Harm" Redefined: "Habitat Modification" Could Be Cut from Endangered Species Act Regulations

Holland & Knight LLP on

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) propose rescinding the regulatory definition of "harm" under the Endangered Species Act (ESA) that currently includes habitat modification,...more

Dinsmore & Shohl LLP

Stringent Federal Staffing Requirements for Skilled Nursing Facilities No Longer in Play

Dinsmore & Shohl LLP on

On April 7, 2025, a Federal District Court in Texas vacated the controversial Centers for Medicare and Medicaid Services (“CMS”) proposal to require specific staffing requirements in skilled nursing facilities (“SNFs”).[1]...more

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

Definition of Harm/Endangered Species Act: United States Fish and Wildlife Service Proposed Rule

The United States Fish and Wildlife Service and the National Marine Fisheries Service (collectively, “Service”) is proposing to rescind the regulatory definition of “harm” in the Endangered Species Act (“ESA”) regulations...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

Eversheds Sutherland (US) LLP

FWS and NOAA propose to narrow reach of Endangered Species Act

On April 17, 2025, the US Fish and Wildlife Service and the National Oceanic and Atmospheric Administration published a notice of proposed rulemaking to rescind the definition of “harm” under the Endangered Species Act...more

Beveridge & Diamond PC

FWS and NMFS to Rescind ESA “Harm” Definition

Beveridge & Diamond PC on

Today, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (together, the Services) proposed rescinding the definition of “harm” under the Endangered Species Act (ESA). Harming a listed...more

Carlton Fields

Outlook Dark for the SEC’s ESG Rule After Loper Bright

Carlton Fields on

For 40 years, the standard of review for agency rulemaking was set forth in the U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council Inc. Chevron held that when a statute is silent or...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Bradley Arant Boult Cummings LLP

Bradley Comment Letter Highlights Questions Regarding the CFPB’s Statutory Authority to Issue Contemplated Mortgage Servicing...

On July 10, 2024, the Consumer Financial Protection Bureau (CFPB) released a proposal to amend the existing mortgage servicing rules in Regulation X. The substance of the proposal has attracted a lot of attention and...more

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