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White House Rescinds Trump Climate-Related NEPA Guidance

USA - February 23 2021 Biden Administration elevates consideration of GHG emissions and climate change in federal agency approvals by rescinding Trump guidance and reviving…

Devin M. O'Connor, Stacey L. VanBelleghem.

US Fish and Wildlife Service Continues Work to Narrow Application of Migratory Bird Treaty Act

USA - June 23 2020 A new draft environmental impact statement on the scope of liability under the MBTA available for public comment…

Julie Miles, Taiga Takahashi.

Federal Court Denies Nationwide Stay of Navigable Waters Protection Rule

USA - June 22 2020 New definition of “waters of the United States” takes effect June 22, 2020 everywhere except Colorado under split decisions…

Peter Viola.

US Supreme Court: Some Discharges Through Groundwater Require Permit

USA - April 30 2020 Decision concludes a permit is required if such discharges are the “functional equivalent” of a direct discharge to navigable waters…

Maria P. Hoye, Ethan Prall.

Unanimous US Supreme Court Decision Takes a Hard Look at “Critical Habitat”

USA - February 21 2019 The decision gives landowners and developers a powerful tool to protect their interests and raises the bar for future critical habitat designations in…

Brian Francis McCall, Lisa Stevens.