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National Park Service

Nossaman LLP

Future Uncertain for National Environmental Policy Act Implementation

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Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more

Holland & Hart LLP

Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024

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On December 17, 2024, President Biden signed into law the bipartisan Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2024 (Public Law No. 118-155) (the “Act”). The Act is a response to ongoing environmental...more

Nossaman LLP

Parties Seek Rehearing in Marin Audubon v. Federal Aviation Administration

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In a sign of the times, both petitioners and respondents filed petitions for rehearing en banc of the recent decision of a split panel of the United States Court of Appeals for the D.C. Circuit that held that the Council on...more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

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A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

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In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...more

Best Best & Krieger LLP

Split D.C. Circuit Panel Holds that CEQ Lacks Authority to Issue NEPA Regulations

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On November 12, 2024, the D.C. Circuit Court of Appeals issued a ruling in Marin Audubon Society v. Federal Aviation Administration holding that the White House Council on Environmental Quality (CEQ) lacks the authority to...more

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

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In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...more

Baker Botts L.L.P.

Longstanding NEPA Rules in Doubt After Major D.C. Circuit Ruling

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On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision that goes to the heart of how the National Environmental Policy Act is implemented. In Marin Audubon Society v. Federal Aviation...more

Holland & Hart LLP

Marin Audubon Should Not Upend the NEPA Process

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D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand. On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more

Nossaman LLP

D.C. Circuit Invalidates NEPA Regulations

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On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

No-discharge Permit Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and National Park...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and National Park Service (“NPS”) entered into a January 2nd Consent Administrative Order (“CAO”) addressing an alleged violation of...more

Cozen O'Connor

Broad Street Brief: New Commissioners Board Chair Appointed

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Mayor Parker Plans to Address Kensington Open-Air Drug Market, Improve Philadelphia’s Education System Mayor Cherelle Parker has long emphasized her goal of permanently ending the open-air drug market in Kensington, an...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Personal Jurisdiction and Forest Fires

This week, the Ninth Circuit considers personal jurisdiction in a trademark declaratory judgment action and assesses an agency’s decision to omit an environmental-impact statement in connection with a forest-fire-management...more

Rodemer Kane Attorneys at Law

Federal Criminal Conviction For Marijuana - Penalties & Collateral Consequences

The President of the United States awarded pardons to individuals who were convicted of federal offenses involving simple marijuana possession on October 6, 2022. Convictions under state and local law are not covered by the...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 10

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Herring and Delay

This week, the Ninth Circuit examines the government’s prohibition on commercial fishing in the Golden Gate National Recreation Area, and considers when a party may file suit to compel delayed agency action. ...more

(ACOEL) | American College of Environmental...

A Great Idea Celebrates 150 Years

On March 1, Yellowstone National Park — the world’s first — marked 150 years since Ulysses S. Grant inked it into existence. In an often repeated quote, Wallace Stegner called national parks America’s best idea. As...more

Wiley Rein LLP

Federal Agency COVID-19 Responses - February 12, 2021

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated February 12, 2021. ...more

Wiley Rein LLP

Federal Agency COVID-19 Responses - January 20, 2021

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated January 20, 2021. ...more

Pillsbury - Gravel2Gavel Construction & Real...

A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

Here are some significant environmental and regulatory rulings and administrative actions from December 2020. THE U.S. SUPREME COURT - Texas v. New Mexico On December 14, 2020, the U.S. Supreme Court decided a water rights...more

Wiley Rein LLP

Federal Agency COVID-19 Responses - January 4, 2021

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated January 4, 2021. ...more

Wiley Rein LLP

Federal Agency COVID-19 Responses - December 2020 #2

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated December 18, 2020. ...more

Wiley Rein LLP

Federal Agency COVID-19 Responses - December 4, 2020

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated December 4, 2020. ...more

Wiley Rein LLP

Federal Agency COVID-19 Responses (Update #2)

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*Wiley continues to closely monitor the COVID-19 crisis and will update this list as new information is available. This alert was originally published on March 25, 2020, and last updated November 13, 2020....more

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