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Washington Legislature Considers Land Use Law Changes To Facilitate Affordable Housing Development

The Washington State Legislature kicked off its 2023 Legislative Session on Monday, January 9, 2023. A big focus this year is on affordable housing initiatives. This Update summarizes five significant affordable housing bills...more

The Inflation Reduction Act’s Impact on Offshore Wind Leasing

The $437 billion Inflation Reduction Act, H.R. 5376 (IRA), signed into law on August 16, 2022, by President Biden, makes historic investments in clean energy. The IRA allocates $369 billion toward energy security, carbon...more

Changes to the Environmental Review Process for Surface Transportation Projects in the Infrastructure Investment and Jobs Act

The Infrastructure Investment and Jobs Act, which President Biden is expected to sign into law, contains some important changes to the federal environmental review process for surface transportation projects. Most...more

Council on Environmental Quality Proposes Revisions to 2020 NEPA Regulations

The Council on Environmental Quality has proposed amendments to its 2020 NEPA implementing regulations, adopted during the waning days of the Trump administration. The Proposed Rule, published in the October 7, 2021 Federal...more

White House Proposes Overhaul of NEPA Regulations

Taking the next step in its efforts to streamline the environmental review process for projects under federal jurisdiction, the White House Council on Environmental Quality (CEQ) published proposed regulations on January 10...more

Treaty Obligations to Protect Fish Habitat From Degradation Upheld

In July 2016, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

Environmental Liabilities in Oil & Gas Sales Under Bankruptcy Code Section 363

Since the beginning of 2015, at least 77 companies in the oil and gas industry have sought bankruptcy relief in the United States. The flow of oil and gas company bankruptcies shows no sign of slowing down and, based on the...more

Ninth Circuit Rules Tribal Treaty Rights Obligate State to Ensure Harvestable Fish Are Available

Last week, the U.S. Court of Appeals for the Ninth Circuit held that the state of Washington violated tribal treaty obligations by building and maintaining barrier culverts that block 1,000 linear miles of streams suitable...more

Implications of New Lautenberg Act’s Sweeping Changes to Toxic Substances Control Act

President Obama signed HR 2576, the Frank Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), into law on June 22, 2016. The Lautenberg Act makes significant changes to the Toxic Substances Control Act...more

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