Jason G. Fleischer

May 30, 2024 | jdsupra.com | Nathan Campbell |Jason G. Fleischer |Jeremy C. Marwell

On May 1, 2024, the Council on Environmental Quality (“CEQ”) published the final version of Phase 2 of its National Environmental Policy Act (“NEPA”) rulemaking (“Phase 2 Rule”).1 The Phase 2 Rule is the culmination of the Biden administration’s two-step rulemaking to unwind many of the Trump administration’s changes to the NEPA regulations and to apply the current administration’s approach to “simplify and modernize” the NEPA review process.

May 10, 2024 | jdsupra.com | Thomas Aird |Jason G. Fleischer |Eric Groten

The U.S. Environmental Protection Agency (EPA) has finalized a host of new requirements for fossil-fueled power plants, including new source performance standards (“NSPS”) for new and modified coal- and gas-fired plants and emission guidelines for existing coal-fired plants.

Feb 15, 2024 | jdsupra.com | Audrey Doane |Jason G. Fleischer |Ronald J. Tenpas

On February 12, 2024, the U.S. Fish and Wildlife Service (USFWS) released its final rule revising its permit regulations for “take” under the Bald and Golden Eagle Protection Act (BGEPA), an overhaul that has been several years in the making. The updated regulations establish, for the first time, general permits for incidental take, two of which are focused on wind energy and power line projects. The rule also updates and simplifies the regulations for specific permits.

Dec 1, 2023 | jdsupra.com | Matthew Etchemendy |Jason G. Fleischer |Jeremy C. Marwell

On November 29, 2023, the Supreme Court heard oral argument in a critically important administrative law case, Securities and Exchange Commission v. Jarkesy, No. 22-859. This case carries enormous potential consequences for agencies beyond the Securities and Exchange Commission (“SEC”). As the parties and Justices discussed during the oral argument, numerous other federal agencies use in-house enforcement proceedings to seek civil penalties.

Sep 7, 2023 | jdsupra.com | Audrey Doane |Jason G. Fleischer |Benjamin Lippard

On August 29, 2023, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) released the text of a rule further revising the definition of “waters of the United States” (“WOTUS”) that the agencies had finalized earlier this year (the “January 2023 Rule”). The newest rule seeks to incorporate key limitations on the jurisdictional reach of the Clean Water Act as explained in the Supreme Court’s May 2023 decision in Sackett v.