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Regulatory Reform › Statutory Interpretation › Environmental Policies

Morrison & Foerster LLP

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

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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

Vorys, Sater, Seymour and Pease LLP

Supreme Court Limits Scope of Judicial Review in NEPA Cases

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On May 29, 2025, the Supreme Court issued its decision in Seven County Infrastructure Coalition et al. v. Eagle County, Colorado et al. This decision held that agencies are afforded substantial deference in National...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

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In a highly unusual unanimous decision, the U.S. Supreme Court ruled on May 29, 2025 that federal agencies are entitled to “substantial judicial deference” with respect to how they review projects subject to the National...more

Allen Matkins

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

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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

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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

Jenner & Block

U.S. Fish and Wildlife Service Proposes Regulatory Change to Ease Endangered Species Act Restrictions

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On April 17, 2025, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service proposed a rulemaking to rescind the definition of “harm” in the Endangered Species Act regulations. The change is being made to...more

Troutman Pepper Locke

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

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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

Jones Day

U.S. Supreme Court Limits EPA Clean Water Act Permitting Authority

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On March 4, 2025, the Supreme Court of the United States issued its decision in City & County of San Francisco v. Environmental Protection Agency and clarified the U.S. Environmental Protection Agency's ("EPA") and state...more

Venable LLP

Textualism Is More Than Dictionaries: The Supreme Court's Latest Clean Water Act Decision Looks to History and Context

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When it rains too much in San Francisco, the city's wastewater treatment plant can get overloaded. An overloaded wastewater treatment plant means that a city-operated, EPA-permitted point source in the Pacific Ocean could...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Nossaman LLP

Court Reignites Migratory Bird Treaty Act Question

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On August 11, 2020, a federal district court in New York ruled that the unintentional or incidental “take” of migratory birds is a crime under the Migratory Bird Treaty Act (“MBTA”), vacating a Department of the Interior...more

Nossaman LLP

USFWS proposes to codify Trump Administration position on MBTA

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Yesterday, the U.S. Fish and Wildlife Service (USFWS) released a pre-publication version of its long-awaited update to regulations governing Migratory Bird Treaty Act (MBTA) implementation (Proposed Regulations)....more

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