Publications

B&D Attorneys Edit, Author the Environment and Climate Change Chapters of Lexology Getting the Deal Through
Federal Authority for Offshore Aquaculture Reappears on the Horizon
CEQ Issues NEPA Emergency Guidance
Recent and Forthcoming Environmental Rules and Guidance Could Be Reversed Under Congressional Review Act: Three Steps for Stakeholders to Consider
Federal Court Rejects Interior Department Interpretation Limiting Migratory Bird Treaty Act Liability For Intentional Acts
Fifth Circuit Finds National Marine Fisheries Service Has No Authority to Regulate Aquaculture
Let’s Talk “Habitat”: Competing ESA Definitions Proposed to Provide Regulatory Clarity
White House Completes Generational Update of NEPA Regulations
Federal Court Vacates Nationwide Permit 48 for Local Commercial Shellfish Growers
Supreme Court Rules U.S. Forest Service Can Grant Pipeline Right-of-Way Under Appalachian Trail
FERC Adopts New Rules for Pipeline Certificate Orders to Address Concerns of D.C. Circuit
President Trump Orders Expanded Use of Emergency Powers to Streamline Infrastructure
SECURE Rule Amends USDA Regulation of Genetically Engineered Organisms
Federal Court Nullifies Clean Water Act General Permit for Pipelines and Other Linear Projects
Government Proposes to Codify Limits on Migratory Bird Treaty Act Liability
New WOTUS Rule Clarifies Clean Water Act Jurisdiction, Awaits Litigation
D.C. Circuit En Banc Review of FERC Tolling Orders Could Have Profound Implications for Infrastructure Projects Requiring FERC Approval
New Regulations Reform Implementation of Endangered Species Act
Virginia Regulators Considering Amendments to Rules for 150 Megawatt Solar Projects
U.S. Supreme Court Increases Protection for Confidential Business Information Shared With The Federal Government
U.S. Forest Service Proposes to Revise NEPA Regulations
New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews
The Supreme Court Decides the United States Cannot Have Title to Running Waters
Executive Orders Aim to Streamline Energy Infrastructure Projects 
FWS Takes a Mulligan on Greater Sage-Grouse Listing
Maryland Legislators Propose Raising State’s Renewable Portfolio Standard to 50%
EPA and Army Corps Again Propose to Redefine Waters Regulated Under the Clean Water Act
Unanimous Supreme Court Vacates Fifth Circuit Affirmance of ESA Critical Habitat Listing
Interior Department Reorganizes into 12 “Unified Regions” – To What Effect On The Ground?
Major Changes to Endangered Species Act Regulations Proposed