by Brigit Rollins | Apr 27, 2023 | Brigit Rollins, Clean Water Act, Environmental Law, Environmental Protection Agency, WOTUS Update
Update: On May 10, 2023, the Sixth Circuit Court of Appeals issued a ruling enjoining the 2023 WOTUS rule in the state of Kentucky, bringing the total number of states where the rule is enjoined in 27. — Over the last month, there have been several developments...
by Brigit Rollins | Apr 13, 2023 | Brigit Rollins, Bureau of Land Management, Conservation Programs, Environmental Law, Land Use Regulation, Leases
On April 3, 2023, the Bureau of Land Management (“BLM”) published a proposed rule in the Federal Register that introduces a policy change in how the BLM will approach conservation activities on the land it manages. Specifically, the proposed rule would clarify that...
by Brigit Rollins | Mar 30, 2023 | Brigit Rollins, Conservation Programs, Endangered Species Act, Environmental Law, Fish and Wildlife Service, National Marine Fisheries Service
On March 22, 2023, the State of Texas filed a lawsuit against the Fish and Wildlife Service (“FWS”) over its recent decision to list two population segments of the lesser prairie-chicken as threatened and endangered under the Endangered Species Act (“ESA”). The LPC...
by Brigit Rollins | Mar 16, 2023 | Administrative Law, Brigit Rollins
The Congressional Review Act (“CRA”) was passed by Congress in 1996 for the purpose of allowing congressional lawmakers to review and overturn regulations adopted by federal agencies. In the decades since the CRA was passed, it has been used to overturn a total of...
by Brigit Rollins | Mar 2, 2023 | Brigit Rollins, Clean Water Act, Environmental Law, Environmental Protection Agency, WOTUS Update
In late December 2022, the Environmental Protection Agency (“EPA”) released its long-anticipated final rule to redefine the term “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). The term WOTUS is key to implementation of the CWA because only...