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U.S. Fish and Wildlife Service Streamlines Bald and Golden Eagle Protection Act Permitting for Wind Energy and Power Line Projects

On February 12, 2024, the U.S. Fish and Wildlife Service (USFWS) released its final rule revising its permit regulations for “take” under the Bald and Golden Eagle Protection Act (BGEPA), an overhaul that has been several...more

Questions Remain After EPA and the Army Corps Update the “Waters of the United States” Definition Following Sackett v. EPA

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the...more

CEQ’s Proposed NEPA Phase 2 Rule Turns Procedure Into Substance and Could Have "Significant Effects" on Permitting and...

Federal agencies are required to conduct assessments under the National Environmental Policy Act (“NEPA”) before taking “major federal actions,” such as granting permits needed for infrastructure projects and for certain...more

Sackett v. EPA: The Supreme Court Clarifies Clean Water Act Jurisdiction

On May 25, 2023, the Supreme Court of the United States issued its decision in Sackett v. EPA, clarifying and narrowing the reach of federal jurisdiction under the Clean Water Act (“CWA”). For decades, confusion has persisted...more

EPA Releases New Proposed Rule for Clean Water Act Hazardous Substance Worst Case Discharge Planning

What You Need to Know- EPA has just released a proposed rule that would require facilities near “navigable water” that store listed hazardous substances above a threshold amount to prepare facility response plans for...more

Nationwide Permit 12 Update: Permit that Allows for Expedited Approval for Certain Oil and Natural Gas Pipeline Activities...

On March 28, 2022, the U.S. Army Corps of Engineers (“Corps”) published notice (“Notice”) that it is undertaking a formal review of Nationwide Permit (“NWP”) 12, one of over 50 general permits available nationwide that allow...more

EPA Announces Plans To Strengthen Environmental Justice Through Criminal Enforcement

The acting head of the EPA’s enforcement office issued a memorandum on June 21, 2021 (the “Memorandum”), that outlines actions to advance the EPA’s environmental justice (“EJ”) goals in criminal enforcement matters....more

EPA Announces Plans To Strengthen Enforcement And Advance Environmental Justice

On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement...more

Senate Acts To Remove Trump-Era Methane Rule, Opening The Door To Further Regulation Of Methane From Oil And Gas Activities

On April 29, 2021, the Senate passed a resolution (the “Resolution”) to disapprove a rule adopted by the Trump administration which lifted certain requirements that had been put in place by an Obama-era methane rule, also...more

Navigating The Transition: Key Chemicals Industry Issues To Watch In The Biden Administration

While news stories and campaign rhetoric can frequently create expectations of immediate shifts after a change in administration, most changes happen slowly in the federal government, and constraints on resources means that...more

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Navigating The Transition: Key Upstream Issues To Watch In The Biden Administration

Each new presidential administration brings with it its own set of policy goals and priorities. While the text of the environmental laws does not change without an act of Congress, agencies within the executive branch have a...more

Navigating The Transition: Key Midstream Issues To Watch In The Biden Administration

News stories and campaign rhetoric frequently create expectations of immediate shifts following an administration change, but most changes in the federal government happen slowly, and the constraint on resources and time...more

Proposed Renewal Of Nationwide Permits

On September 15, 2020, the Army Corps of Engineers (“Corps”) released a notice of proposed rulemaking to modify and reissue its existing Nationwide Permits (“NWPs”) and is accepting public comments through November 16, 2020....more

Partnership For Carbon Accounting Financials Publishes Draft Global Carbon Accounting Standard

On August 3, 2020, the Partnership for Carbon Accounting Financials (“PCAF”) released a draft standard outlining a proposed approach for global carbon accounting. This standard, the “Global Carbon Accounting Standard for the...more

District Court Upholds BLM Rollback Of 2015 Hydraulic Fracturing Rule

On March 27, 2020, the U.S. District Court for the Northern District of California granted the Bureau of Land Management’s (“BLM”) motion for summary judgment, upholding the agency’s decision to rescind, or roll back,...more

COVID-19: US Federal, State And Territory EHS Agency Relief Actions

A number of environmental, health, and safety regulatory agencies are beginning to recognize that companies are challenged in their ability to meet deadlines, and no doubt more will follow. This is especially but not...more

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