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Wetlands and WOTUS: Implications of Sackett v. EPA

On May 25, 2023, the United States Supreme Court held that the term “waters of the United States” (“WOTUS”)—as used in the federal Clean Water Act (“CWA”), 33 U.S.C. § 1362(7)—means “streams, oceans, rivers, and lakes” and...more

What's in Biden's Infrastructure Plan?

On March 31, 2021, the Biden Administration released in broad brushstrokes its plan to address the country’s infrastructure. The “American Jobs Plan” calls for a grand total of more than $2 trillion in federal investment...more

Biden Administration Begins Comprehensive Review of Trump-Era Environmental Rules

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

COVID-19: Environmental Enforcement Quarantine - Regulators Announce Reduced Enforcement During the COVID-19 Pandemic

The COVID-19 pandemic has led to a number of rapid-fire legislative, executive, and regulatory responses in the U.S. States, counties, and cities have issued shelter-in-place and other emergency orders, causing certain...more

Unsettled Waters: Navigable Waters Protection Rule Narrows the Definition of “Waters of the United States”

On January 23, 2020, the Trump Administration issued a final rule revising the definition of “waters of the United States” (WOTUS) under the federal Clean Water Act (CWA). The Navigable Waters Protection Rule narrows the...more

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National...more

White House Issues Final Guidance on Climate Change Impact Analysis

On August 1, 2016, the White House Council on Environmental Quality (CEQ) released its final guidance on how and when federal agencies should consider the direct and indirect impacts from climate change, including from...more

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