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Climate Week NYC 2023: Key Takeaways and Insights on What’s to Come

Each year during the regular session of the United Nations (U.N.) General Assembly, the Climate Group—an international nonprofit that works to address climate change with government leaders and businesses—hosts Climate Week...more

WOTUS Rule Finalized: What Does it Mean?

Following decades of regulatory actions and lawsuits concerning the definition of “waters of the United States under the Clean Water Act, on December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army...more

What the Supreme Court’s Decision in Castro-Huerta Means for Tribal Sovereignty

In Oklahoma v. Castro-Huerta, decided on the second to last day of the 2021-2022 term, the Supreme Court held 5-4 that Oklahoma had concurrent jurisdiction with the federal government over crimes committed by non-Indians...more

Inflation Reduction Act Highlights: Environmental Justice, Climate Change and Expedited Permitting

On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA), sweeping legislation that commits $369 billion to combat climate change, fund clean energy and development, and address environmental justice. This...more

SCOTUS Limits EPA’s Authority to Regulate Greenhouse Gas Emissions in West Virginia v. EPA

On June 30, 2022, the U.S. Supreme Court published its opinion in West Virginia v. Environmental Protection Agency (EPA), involving challenges to the scope of the Obama Administration's Clean Power Plan (CPP). The Court...more

EPA Proposes New Water Quality Certification Rule in Response to Trump Administration’s 2020 Regulatory Changes

On June 1, 2022, the U.S. Environmental Protection Agency (“EPA”) released a Proposed Rule aimed at modifying the Clean Water Act (“CWA”) Section 401 Certification Process in response to regulatory changes made by the Trump...more

New York State Extends Brownfield Cleanup Program in 2022-2023 Budget

New York State Governor Kathy Hochul recently signed into law a ten-year extension of the Brownfield Cleanup Program (BCP), including its tax credits as part of the 2022-23 NYS Budget (Budget) (Part LL of Assembly Bill...more

EPA Ushers in New ASTM Phase I ESA Standards

On March 14, 2022, the U.S. Environmental Protection Agency issued a direct final rule approving the American Society for Testing and Materials (ASTM) International Standard E1527-21 for Phase I environmental site assessments...more

Climate Change Reporting: The Basic Requirements under the SEC’s Proposed Rule

On March 21, 2022, the U.S. Securities and Exchange Commission (SEC) issued a Notice of Proposed Rulemaking on the “Enhancement and Standardization of Climate-Related Disclosure for Investors” (Proposed Rule). Per the SEC’s...more

Potential USFWS Reclassification of The Northern Long-Eared Bat to “Endangered:” What Could This Mean for Developers

On Wednesday, March 23, 2022, the U.S. Fish and Wildlife Service (USFWS) issued a Notice of Proposed Rulemaking (Proposed Rule) to reclassify the northern long-eared bat (NLEB) from “threatened” to “endangered” under the...more

SCOTUS Takes up WOTUS... Again

On Monday, January 24, 2022, the U.S. Supreme Court granted certiorari in the case of Sackett v. U.S. Environmental Protection Agency, 19-35469 to decide “[w]hether the Ninth Circuit set forth the proper test for determining...more

EPA And U.S. Army Corps of Engineers Begin Engagement on Formal Rulemaking to Redefine “Waters of the United States”

On July 30, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively, the Agencies) announced the beginning of their formal regulatory rulemaking to roll back the Trump...more

EPA And U.S. Army Corps of Engineers Seek to Redefine “Waters of the United States” . . . Again

On June 9, 2021, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (collectively the Agencies) announced their intent to initiate a regulatory rulemaking to roll back the Trump...more

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