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Recent legislation enacted by the Rhode Island General Assembly brings reforms to the Rhode Island Coastal Resources Management Council (CRMC) in March 2026. Other new laws and CRMC priorities, and changes to permitting...more
On July 15, 2025, the U.S. Department of the Interior (DOI) circulated an internal memorandum, requiring 68 different DOI actions related to wind and solar project development to be submitted to the DOI Office of the...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
The U.S. inland waterway system is a critical and underutilized component of the domestic supply chain that serves intrastate commerce and non-contiguous markets originating in or destined for Alaska, Hawaii, and U.S....more
The Association of Clean Water Administrators (“ACWA”) submitted May 15th comments to the Untied States Environmental Protection Agency and U.S. Army Corps of Engineers ( collectively, “EPA”) regarding potential revisions to...more
Closing out our Earth Week series this year, we provide an update on recent Clean Water Act regulatory developments and discuss their impact on renewable energy development....more
The landscape of coastal real estate development in North Carolina has undergone a seismic shift following major regulatory changes over the last few years. For developers eyeing coastal properties, understanding the...more
As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more
On Monday, March 24, 2025, the U.S. Environmental Protection Agency (the “EPA”) and the U.S. Army Corps of Engineers (the “Corps”) issued a Federal Register Notice soliciting stakeholder feedback concerning the implementation...more
The Agency Is Looking to Sackett v. EPA for a More ‘Durable’ Definition - From Obama to Trump to Biden, each of the last three administrations has directed the United States Environmental Protection Agency (“EPA”) to...more
The Army Corps of Engineers has identified over 600 energy and other infrastructure projects that could be fast-tracked under President Donald Trump’s National Energy Emergency declaration, according to a Reuters review of...more
President Trump concluded that the integrity and expansion of the energy infrastructure of the United States is an immediate priority for the nation's economic and national security....more
The United States Government Accountability Office (“GAO”) issued a January 9th report titled: Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency (“Report”)....more
Pursuant to Executive Order 14156, the United States Army Corp of Engineers (“Corps”) has reclassified 690 Clean Water Act Section 404 Wetland Permits as Emergency Actions. Executive Order 14156 is entitled “Declaring a...more
The U.S. Army Corps of Engineers said Wednesday that it won’t order soil testing at properties damaged by the Eaton and Palisades fires after they have been cleaned by private federal contractors, breaking with a...more
On January 24, 2025, President Trump issued Executive Order 14181 (“EO 14181”), entitled “Emergency Measures to Provide Water Resources in California and Improve Disaster Response in Certain Areas.” While alluding to...more
On President Trump’s first and second days in office, the new administration released a flurry of executive actions, in the form of both memorandums and executive orders, focused on the energy industry:...more
On April 12, 2024, U.S. District Court Judge Randolph D. Moss denied the State of Florida’s (State) Motion for a Limited Stay of the February 15, 2024, order invalidating the State’s partial assumption of the Section 404...more
The U.S. Army Corps of Engineers (ACE) on March 22, 2024, announced its plans for enhancing the protection of the country's wetlands following the U.S. Supreme Court's Sackett v. EPA decision. In Sackett, the Supreme Court...more
EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a fight it can win. As many of you know, the jurisdictional reach of the Clean Water Act is...more
Law 360 is reporting on yesterday's hearing in the United States' litigation against the State of Texas to cause the removal of an unpermitted “marine barrier” placed by the State of Texas in the Rio Grande River. Putting...more
Following the U.S. Supreme Court’s decision in the Sackett case in May of 2023, the U.S. EPA (“EPA”) and the U.S. Army Corps (“Army Corps”) have amended federal regulations to conform to Sackett and the Army Corps has resumed...more
On February 15, 2024, the U.S. District Court for the District of Columbia issued an opinion invalidating the State of Florida’s (State) partial assumption of the Section 404 permitting program under the Clean Water Act...more
Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more
Recent federal court decisions have changed the way wetlands are regulated in the United States. Here's what you need to know. A Shift in Wetland Regulation: The Sackett Decision and Its Impact In 2023, the U.S. Supreme...more