In a significant decision interpreting the National Environmental Policy Act (NEPA), the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado on May 29, 2025. For certain projects, NEPA requires federal agencies to prepare Environmental Impact Statements (EIS) that detail significant environmental effects of the proposed action along with
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U.S. Fish and Wildlife Service and National Marine Fisheries Service Propose to Rescind the Regulatory Definition of “Harm” Under Endangered Species Act
On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.
Fed up with Federal Rules? OMB Implements a Federal Deregulation Idea Solicitation Process on White House Urging.
On April 9, 2025, the White House published a new Memorandum entitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The Memorandum avers that illegal, unnecessary, and onerous regulations impede the Administration’s objectives of promoting economic growth and American innovation, and impose massive costs
SCOTUS Strikes Down “End-Result” Limitations in NPDES Permits
Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge pollutants to waters of the United States (“WOTUS”). This week, the Supreme Court clarified in San Francisco v. EPA (Case No. 23-753) that the
New Administration: Predictions for Environmental Protection
Once President-elect Trump and Lee Zeldin settle into leadership at the EPA, everyone expects a shift in environmental policy and protection priorities. In our article we summarize some likely changes, including regulatory rollbacks, reduced focus on environmental justice, and a renewed emphasis on energy dominance. These shifts will impact compliance strategies, permitting, and enforcement priorities.
U.S Fish and Wildlife Service Proposes to List the Monarch Butterfly as Threatened, Seeks Comments on Developing a Final Rule
On December 12, 2024, the U.S. Fish and Wildlife Service (the “Service”) published notice in the Federal Register of a proposed rule to list the monarch butterfly as a threatened species under the Endangered Species Act (“ESA”). The proposed rule designates proposed critical habitat for the monarch in California and includes an ESA section 4(d)
The Chevron Doctrine’s Gone, but the APA Lives On
Many speculated on just how much Loper Bright Enterprises v. Raimondo (Loper Bright) would affect agency rulemaking challenges. Well, the D.C. Circuit is showing that that effect maybe milder than expected. Huntsman Petrochemical, the American Chemistry Council, and the Louisiana Chemical Association (Petitioners) tested how a post-Chevron world could look under judicial review of agency
Supreme Court 2024: Key Rulings Reshape Federal Regulatory Authority
As the Supreme Court’s recent term drew to a close, the Court issued four opinions that promise to reshape the federal regulatory landscape. These decisions—Loper Bright Enterprises v. Raimondo, Corner Post, Inc. v. Board of Governors of the Federal Reserve System, Ohio v. EPA, and SEC v. Jarkesy—both individually, and in combination, constrain the power of federal agencies
EPA Reconsiders New Risk Management Program Regulations, but Regulations Remain in Effect
Stoel Rives Summer Associate Maya Ward co-authored this post.
The D.C. Circuit Court of Appeals placed the challenges to the U.S. Environmental Protection Agency’s (“EPA”) risk management regulation on hold for 120 days while the EPA reconsiders the concerns raised by challengers. Order, Oklahoma v. EPA, No. 24-1125 (D.C. Cir. July 30, 2024). The underlying revisions
Restart the Clock: SCOTUS Expands the Timeframe to Challenge Agency Actions
Stoel Rives Summer Associate Jessica Wright co-authored this post.
In a landmark decision on July 1, 2024, the Supreme Court ruled that the six-year statute of limitations for facial challenges to agency regulations under the Administrative Procedure Act (APA) begins when the final agency action injures a plaintiff, not when the regulation is issued. This ruling,