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12 Aug 2015, 6:30 am by Bracewell & Giuliani
In the brief breakdown, Lowell Rothschild discussed: how the rule changes federal jurisdiction, how the rule affects your company’s legal obligations and how the rule will interact with other Administration initiatives to complicate permitting. [read post]
12 Nov 2014, 12:49 pm by Lowell Rothschild and Eric Washburn
by Lowell Rothschild and Eric Washburn In the latest listing driven by a huge July 2011 settlement with environmental NGOs, the U.S. [read post]
22 Aug 2014, 8:46 am by Lowell Rothschild and Kevin Ewing
by Lowell Rothschild and Kevin Ewing Ruling on a pipeline project and a mine project, two different federal courts issued decisions Monday affirming limits on the scope of environmental review. [read post]
23 Jul 2014, 11:46 am by Lowell Rothschild
by Lowell Rothschild Earlier today, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) released two proposals designed to enhance the safety of the transportation of crude by rail. [read post]
23 May 2014, 10:34 am by Lowell Rothschild
by Lowell Rothschild A surprise awaits those who reach page 334 of the 559-page preamble to EPA’s final cooling-water-intake rule – a potentially significant expansion of the Endangered Species Act. [read post]
by Eric Washburn, Heather Palmer and Lowell Rothschild Last week, the Gunnison Sage Grouse took another detour on its road to being listed under the Endangered Species Act (ESA), as a federal court agreed to the US Fish and Wildlife Service’s (FWS) request to postpone a listing decision by six months. [read post]
12 May 2014, 8:21 am by Lowell Rothschild
by Lowell Rothschild Earlier this morning, the Obama Administration proposed two new rules which would significantly expand the scope of the Endangered Species Act and, therefore, limit development in areas where endangered and threatened species are – or might eventually be – found. [read post]
7 Apr 2014, 10:55 am by Lowell Rothschild
by Lowell Rothschild Last week we discussed various elements of the U.S. [read post]
3 Apr 2014, 6:00 am by Lowell Rothschild
by Lowell Rothschild Yesterday, we continued examining the confusion inherent in EPA and the Corps’ proposed rule redefining “Waters of the U.S. [read post]
2 Apr 2014, 6:00 am by Lowell Rothschild
by Lowell Rothschild On April 1, we looked at the opaque definitions of riparian area and floodplain in EPA and the Corps’ proposed rule redefining “Waters of the U.S. [read post]
1 Apr 2014, 6:46 am by Lowell Rothschild
by Lowell Rothschild On March 31, we discussed that, at best, EPA’s and the Corps’ proposed rule defining what waters fall under federal jurisdiction provides only partial clarity. [read post]
31 Mar 2014, 7:49 am by Lowell Rothschild
by Lowell Rothschild On March 28, we looked at the question of whether the rule proposed by the U.S. [read post]
27 Mar 2014, 8:21 am by Lowell Rothschild
by Lowell Rothschild Yesterday, we blogged about the EPA and Corps’ proposed rule defining what waters fall under federal jurisdiction. [read post]
26 Mar 2014, 8:42 am by Lowell Rothschild
by Lowell Rothschild Yesterday, four months after the draft was leaked, the U.S. [read post]
25 Mar 2014, 9:05 pm by Walter Olson
Oklahoma attorney general goes to court claiming private litigant manipulation of endangered/threatened species petition process [Lowell Rothschild & Kevin Ewing; NPR "State Impact"; Oklahoman, auto-plays ad video; press release, Oklahoma AG E. [read post]
24 Mar 2014, 2:14 pm by Lowell Rothschild and Kevin Ewing
by Lowell Rothschild and Kevin Ewing On March 17, 2014, the State of Oklahoma sued the U.S. [read post]
17 Jan 2014, 7:52 am by Lowell Rothschild
by Lowell Rothschild Spurred on by Congress, on Monday, the Federal Highway and Transit Administrations adopted a categorical exclusion which may spare some projects a detailed review under the National Environmental Policy Act. [read post]
13 Nov 2013, 1:02 pm by Lowell Rothschild and Matthew Haynie
by Lowell Rothschild and Matthew Haynie Rule Could Have Significant Impact on Infrastructure, Energy and Land Development On September 18, we blogged about the pending release of a draft rule which would establish the scope of waters subject to the federal Clean Water Act – a rule which could have significant impacts on entities engaged in infrastructure or other land development [...] [read post]