Publications

Déjà Vu: EPA, Army Corps Take First Step to Redefine “Waters of the U.S.”
New Regulations Reform Implementation of Endangered Species Act
U.S. Forest Service Proposes to Revise NEPA Regulations
New EPA Section 401 Guidance Clarifies Timelines for and Scope of Certification Reviews
Executive Orders Aim to Streamline Energy Infrastructure Projects 
FWS Takes a Mulligan on Greater Sage-Grouse Listing
EPA and Army Corps Again Propose to Redefine Waters Regulated Under the Clean Water Act
Justices Request the Government’s Views on CWA Discharge Cases
Unanimous Supreme Court Vacates Fifth Circuit Affirmance of ESA Critical Habitat Listing
“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue
Petitions Seek Supreme Court Review of Fourth and Ninth Circuit Decisions That Could Expand the CWA’s NPDES Program
Major Changes to Endangered Species Act Regulations Proposed
NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act
Unanimous Supreme Court: WOTUS Rule Challenges Belong in Federal District Courts
New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards
DC Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline
Replacement of the Clean Water Rule to Be a Two-Step Process
Corps of Engineers Nationwide Permits – Some New, Some Modified – Take Effect
Prudence Prevails: Fifth Circuit Supports Narrow Reading of Liability under the Migratory Bird Treaty Act
Court Strikes Down FWS Rule for 30-Year Eagle Incidental Take Permits
EPA and Army Corps Redefine Clean Water Act Jurisdiction
Wildlife Agencies Propose Overhaul of ESA’s Petition Process for Species Listings
Ohio Wind Developer and FWS Successfully Defend Incidental Take Permit for Endangered Indiana Bat