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VIDEO Inside Look: Endangered Species Act (ESA)

By Kerry L. McGrath & Brian R. Levey on August 16, 2019

The Endangered Species Act increasingly plays a larger role in environmental law and the federal permitting process for infrastructure projects. Hunton Andrews Kurth Partner Kerry McGrath and Associate Brian Levey give an inside look at the complex process of obtaining federal authorization for “take” of endangered species.…

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FWS and NMFS Complete Long-Awaited, Comprehensive Revision of ESA Regulations

By Lauren A. Bachtel & Kerry L. McGrath on August 16, 2019

On August 12, 2019, the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) (together, the Services) signed final rules instituting the first comprehensive revisions to the Endangered Species Act (ESA) regulations in 33 years. The Services made substantial and broad revisions to their regulations concerning the process and standards for listing species and designating critical habitat, the scope of protections for threatened species and the process for consultation with federal…

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Eleventh Circuit Potentially Poised to Address Impact of Kisor

Posted on August 9, 2019

On June 26, 2019, the Supreme Court issued its decision in Kisor v. Wilkie, 139 S. Ct. 2400 (2019), which presented the question of whether the Court should overrule the Auer doctrine, named after the 1997 Supreme Court case Auer v. Robbins. The Auer doctrine rests on the premise that agencies have more expertise on their own regulations and are therefore in a better position than courts to interpret them. Under the doctrine, courts generally…

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SB 1: California’s Attempt to Halt Federal Environmental and Worker Safety Deregulation

By Diana P. Martin on August 7, 2019

Policy makers in California have pledged to resist Trump administration policy changes on environmental and other issues. Senate Bill 1 (SB 1), proposing the California Environmental, Public Health and Workers Defense Act of 2019, is the California legislature’s current preemptive response to the administration’s attempts to modify certain federal environmental and worker safety laws. SB 1 has passed the California Senate. It is awaiting a final hearing in the State Assembly’s Appropriations Committee, likely sometime…

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First Major US Offshore Wind Project Delayed by Fishing Industry Concerns

By Lauren A. Bachtel on August 1, 2019

The United States’ first major offshore wind energy project is running into delays as federal agencies internally debate whether the project plan adequately protects the fishing industry. Vineyard Wind—an approximately 800 megawatt, 84-turbine wind energy project to be located roughly 15 miles off the coast of Nantucket, Massachusetts—is scheduled to begin construction this year and would have the capacity to power over 400,000 homes by 2021.…

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Supreme Court Alters Longstanding Test for Confidentiality under FOIA

By Julie A. Cress on July 30, 2019

Guarding confidential or sensitive information is a longstanding tradition that transcends daily life. From the pinky-swearing days of childhood (to prevent your parents from finding out you rode your bike beyond their imposed boundary), to the fourth down play when your team is one point down with three seconds left on the clock, to the unique, complex chemical composition of a lifesaving drug, the concept of secrecy has roots in just about everything we do.…

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DOI & Opponents Disagree on Remedy in Coal Leasing Moratorium Case

By Lauren A. Bachtel on July 29, 2019

In the wake of the April 19 ruling by Judge Morris of the US District Court of the District of Montana that required the Department of the Interior (DOI) to conduct an environmental review on its decision to lift the coal leasing moratorium, the parties disagree on the necessary remedy and the next steps. While DOI is requesting additional time to finalize its environmental review for its decision to lift the moratorium, environmental groups and…

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Inside Look: Managing Threat in Today’s Cybersecurity Landscape

By Frederick R. Eames & Paul M. Tiao on July 18, 2019

In this installment of our Inside Look series, Hunton partners Paul Tiao and Fred Eames discuss the challenges to businesses operating in a constantly evolving cyber threat landscape and steps some companies have taken to protect from attacks. It’s important for companies operating in this space to adjust to changes to international, federal and state regulations regarding critical infrastructure and information sharing, including seeking application for a US SAFETY Act certification.…

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Proposed Revisions to Equator Principles Reflect Evolving Standards for Global ESG Diligence

By Lisa Montgomery Shelton on July 15, 2019

On June 24, 2019, the Equator Principles Association announced the release of the draft text of the fourth revision of the Equator Principles. Known as EP4, this document includes a number of changes intended to address perceived shortcomings regarding the manner in which the current framework is applied to different countries and to enhance the focus on issues such as climate change. These changes reflect the evolving nature of transactional diligence with respect to environment,…

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House Approves FY2020 NDAA Amendments Targeting PFAS Chemicals

By Daniel J. Grucza on July 12, 2019

On Thursday, July 11, 2019, the House of Representatives approved amendments to the fiscal 2020 National Defense Authorization Act to address contamination from PFAS chemicals. Per- and polyfluoroalkyl (PFAS) chemicals are colloquially known as “forever” chemicals due to their ability to build up and to persist over time. PFAS chemicals regulated under this bill have long been used to manufacture a wide range of products, like firefighting foam, cookware, stain repellents, apparel and food packaging…

The Nickel Report

Trends and Developments in Energy and Environmental Law

Blog Authors

VIDEO Inside Look: Endangered Species Act (ESA)

FWS and NMFS Complete Long-Awaited, Comprehensive Revision of ESA Regulations

Eleventh Circuit Potentially Poised to Address Impact of Kisor

SB 1: California’s Attempt to Halt Federal Environmental and Worker Safety Deregulation

First Major US Offshore Wind Project Delayed by Fishing Industry Concerns

Supreme Court Alters Longstanding Test for Confidentiality under FOIA

DOI & Opponents Disagree on Remedy in Coal Leasing Moratorium Case

Inside Look: Managing Threat in Today’s Cybersecurity Landscape

Proposed Revisions to Equator Principles Reflect Evolving Standards for Global ESG Diligence

House Approves FY2020 NDAA Amendments Targeting PFAS Chemicals

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