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
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
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
2/27/2020
/ Clean Water Act ,
Clean Water Rule ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Final Rules ,
Navigable Waters ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
This is the eighth issue of WilmerHale’s 10-in-10 Hot Topics in Energy Series. Over the course of 10 weeks, our attorneys will share insights on current and emerging issues affecting the US energy sector. Attorneys from...more
4/1/2019
/ Administrative Procedure Act ,
Bureau of Land Management ,
Citizen Suits ,
Clean Air Act ,
Clean Power Plan ,
Common Law Claims ,
Deregulation ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
FERC ,
Mercury ,
Methane ,
Obama Administration ,
Oil & Gas ,
Pipelines ,
Popular ,
RCRA ,
Regulatory Agenda ,
Regulatory Standards ,
Sierra Club ,
Strategic Enforcement Plan ,
Trump Administration ,
US Army Corps of Engineers ,
Utilities Sector ,
Waters of the United States
Last week, the US Court of Appeals for the Ninth Circuit ruled that the Clean Water Act (CWA) does not require that pollutants be discharged directly from a point source into navigable waters for liability to attach. In...more
On January 22, 2018, the US Supreme Court unanimously held that challenges to the Obama-era Clean Water Rule, commonly referred to as the WOTUS Rule (for “waters of the United States”), must be filed in federal district...more