Regulatory Updates

During the second quarter of 2022, there were several regulatory developments involving the National Environmental Policy Act (NEPA), the United States (U.S.) Securities and Exchange Commission (SEC), Nationwide Permit (NWP) 12, and Section 401 of the Clean Water Act (CWA). These updates are summarized in the following subsections. NATIONAL ENVIRONMENTAL

During the first quarter of 2022, there were several legal and regulatory developments involving the waters of the United States (U.S.) definition and implementation of the Clean Water Act (CWA). In addition, two final directives were issued by the U.S. Forest Service (USFS) and two notices were issued by the

During the last quarter of 2021, there were several federal regulatory developments involving the Migratory Bird Treaty Act (MBTA), federal Endangered Species Act (ESA), Clean Water Act (CWA), National Environmental Policy Act (NEPA), and the definition of waters of the United States (U.S.). Summaries of each of these developments are

On November 18, 2021, the United States (U.S.) Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced the issuance of a proposed rule to revise the definition of “waters of the U.S.” under the Clean Water Act to the pre-2015 definition (also referred to as the

During the third quarter of 2021, there were several federal regulatory developments from the United States (U.S.) Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (USACE), and National Marine Fisheries Service (NMFS). A court order resulted in changes to the definition of “waters

Several federal regulatory developments from the United States (U.S.) Fish and Wildlife Service (USFWS), U.S. Environmental Protection Agency (EPA), Department of the Army, and National Marine Fisheries Service (NMFS) occurred during the second quarter of 2021, including one proposed rule and two announcements regarding revising, rescinding, or reinstating regulations. In

On June 22, 2020, the Navigable Waters Protection Rule went into effect, finalizing a revised definition of “waters of the United States (U.S.)” under the Clean Water Act (CWA) and significantly decreasing the number of waters that fall under federal jurisdiction. In general, a water must now be perennial or

Several federal regulatory developments from the United States Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), and United States Forest Service (USFS) occurred during the first quarter of 2021, including final rules, proposed rules/directives, and a finding on a petition to list a species. Below is a summary

Latest Posts