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Migratory Bird Treaty Act Liability Rule Finally Is Here, But For How Long?

USA - January 8 2021 In a long-unfolding saga, on January 7, 2021, the U.S. Fish and Wildlife Service (FWS) published its final rule that will at long last establish a…

Alexander Horning, Casey T. Clausen, James M. Auslander.

FERC Proposes One-Year Deadline for States to Issue Clean Water Act Certifications

USA - November 2 2020 Acting in response to a Trump Administration Executive Order instructing federal agencies to reduce regulatory uncertainties and expedite…

Allyn Stern, Eric L. Christensen, Katrina Krebs.

CEQ Issues NEPA Emergency Guidance

USA - September 24 2020 On September 14, 2020, the Council on Environmental Quality (CEQ) issued nonbinding guidance to agencies to help them comply with the National…

Ben Mathieu, James M. Auslander.

Let’s Talk “Habitat”: Competing ESA Definitions Proposed to Provide Regulatory Clarity

USA - August 6 2020 Under the Endangered Species Act (ESA), there are a number of key terms that shape the scope of species protection. These key terms, usually defined…

James M. Auslander, Jessica Maloney.

White House Completes Generational Update of NEPA Regulations

USA - July 16 2020 On Wednesday, July 15, 2020, the Council on Environmental Quality (CEQ) published a Final Rule updating its regulations implementing the National…

Ben Mathieu, James M. Auslander, Katrina Krebs.