Williams Weese Pepple & Ferguson News

On June 30, 2022, the U.S. Supreme Court limited the U.S. Environmental Protection Agency’s (EPA’s) ability to regulate CO2 emissions from existing power plants and held that requiring generation shifting away from coal-fired electricity was outside the scope of EPA’s authority under Section 111 of the Clean Air Act.  In West Virginia v. Environmental Protection […]

On October 4, 2021, the U.S. Fish and Wildlife Service revoked a rule issued in the waning days of the Trump administration that had limited the scope of the Migratory Bird Treaty Act’s (MBTA) enforcement provisions.[1]  The prior rule, issued in January 2021, limited the MBTA’s definition of prohibited “take” of covered birds to only […]

On June 4, 2021, the U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS) (collectively, the “Services”) released its plans to revise or rescind five Endangered Species Act (ESA) regulations promulgated under the prior administration.[1]  The proposed actions are in response to Executive Order 13990, which requires all federal agencies to review […]

Related Practice Areas: Federal Lands, Energy and Natural Resources Just before leaving office, President Trump signed two pieces of legislation aimed at incentivizing renewable energy development: the Energy Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020.  See Pub. L. No. 116-260, Division Z (Energy Act) and EE (Taxpayer Act). […]

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