On his first day in office, President Joe Biden issued an Executive Order titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis.” The Executive Order directs the Environment...more
1/22/2021
/ Administrative Review ,
Biden Administration ,
Bureau of Land Management ,
Carbon Emissions ,
Clean Power Plan ,
Clean Water Act ,
Climate Change ,
Congressional Review Act ,
Environmental Policies ,
Executive Orders ,
Methane ,
National Environmental Policies ,
NEPA ,
Obama Administration ,
Oil & Gas ,
Supplemental Environmental Project (SEP) Policy ,
Trump Administration ,
Waters of the United States
The Environmental Protection Agency (EPA) recently published draft guidance on how to apply the “functional equivalent” test created by the Supreme Court in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020). The...more
12/17/2020
/ Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Draft Guidance ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Point Sources ,
SCOTUS
Now that the results of a tumultuous presidential election appear clear, attention shifts to what to expect during President-elect Joe Biden’s first term. It is fair to say that a Biden White House will sharply contrast with...more
11/10/2020
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Clean Water Act ,
Department of Justice (DOJ) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Greenhouse Gas Emissions ,
Legislative Agendas ,
Regulatory Agenda ,
SAFE ,
US Army Corps of Engineers ,
Waters of the United States
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a federal permit is required under the Clean Water Act (CWA) when a discharge to groundwater is the “functional equivalent” of a...more
4/28/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
This is the third issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the next 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. ...more
2/15/2019
/ Clean Water Act ,
Energy Sector ,
Environmental Review ,
Forestry ,
Infrastructure ,
Legislative Agendas ,
Natural Gas ,
NEPA ,
Oil & Gas ,
PHMSA ,
Regulatory Agenda ,
Transmission Grid ,
Trump Administration ,
Utilities Sector ,
Wildfires