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Biden Administration Proposes Phase One Rule Revamping Environmental Permitting

USA - October 13 2021 On October 7, 2021, the White House Council on Environmental Quality (CEQ) issued a proposed rule to amend regulations implementing the National…

Brittany A. Bolen, Jim Wedeking, Peter Whitfield

Fish and Wildlife to Release Final Rule Reimplementing Migratory Bird Treaty Act Prohibition on Incidental Take

USA - October 4 2021 A legal dispute that has occupied three successive Secretaries of the Interior takes another turn on October 4, 2021, as the Biden administration…

Brooklyn Hildebrandt, Peter Whitfield

Incidental Take of Migratory Birds No Longer Prohibited by the Migratory Bird Treaty Act

USA - January 3 2018 On Dec. 22, 2017, the U.S. Department of the Interior (DOI) issued Memorandum M-370501, which concludes that the Migratory Bird Treaty Act (MBTA), 16…

David T. Buente Jr., Peter Whitfield

White House CEQ Finalizes Guidance for Assessing Climate Impacts in Federal Actions Subject to NEPA

USA - August 4 2016 On August 2, the White House Council on Environmental Quality (CEQ) issued Final Guidance for Federal Departments and Agencies on Consideration of…

Roger R. Martella, Jr., Joel F. Visser

D.C. Circuit Upholds FERC’s Limited Impacts Analysis in NEPA Documents Addressing Greenhouse Gases

USA - July 6 2016 On June 28, 2016, the U.S. Court of Appeals for the District of Columbia Circuit issued a pair of decisions upholding the Federal Energy Regulatory…

David T. Buente Jr., Roger R. Martella, Jr., Joel F. Visser