Entries by Peter Whitfield

Department of the Interior Accelerates Permitting for Oil and Gas, Adopts 28-Day Mandate

In response to the Trump administration’s push to increase U.S. energy output by declaring a national energy emergency, the Department of the Interior (the Interior) has released plans to aid […]

Fish and Wildlife Revives Incidental Take Saga Under the Migratory Bird Treaty Act

In latest saga surrounding the formidable Migratory Bird Treaty Act (MBTA or Act), the U.S. Fish and Wildlife Service on April 21, 2025, withdrew its 2021 advance notice of proposed […]

President Trump’s Executive Order Seeks to Initiate Immediate Measures to Increase American Mineral Production

On March 20, 2025, President Donald J. Trump issued an executive order (the Order) directing the Department of Defense, the Department of Energy, and other agencies involved in the financing […]

The Future of Environmental Review of Federal Permitting Remains Unsteady as White House Seeks to Rescind NEPA Regulations

On February 19, 2025, the Council on Environmental Quality (CEQ) submitted a proposed Interim Final Rule rescinding its regulations implementing the National Environmental Policy Act (NEPA).  The Rule will become […]

U.S. Fish and Wildlife Service Proposes New Critical Habitat Designation in California

The U.S. Fish and Wildlife Service (FWS) has proposed designating approximately 760,000 acres in California as critical habitat for four distinct population segments (DPSs) of the foothill yellow-legged frog, a species that is listed as either endangered or threatened under the Endangered Species Act (ESA). The critical habitat designation includes areas within the geographical range of the foothill yellow-legged frog that contain the physical or biological features that FWS has deemed essential to the species’ conservation, as well as areas outside the current range that are deemed necessary for the species’ recovery. EPA based its determination on the “best available scientific data after taking into consideration the economic impact, national security impact, and any other relevant impact of specifying any particular area as critical habitat.”

Environmental Groups Bring CEQA Challenges of CARB’s Amendments to the Low Carbon Fuel Standard

Earlier this week, two environmental groups sued the California Air Resources Board (“CARB”) for approving amendments (the “Amendments”) to the Low Carbon Fuel Standard (“LCFS”). CARB had voted to amend […]

EPA Publishes First-Of-Its-Kind Framework for Considering Cumulative Impacts Across Agency Actions

On November 21, 2024, the U.S. Environmental Protection Agency (EPA) published Notice of a newly developed draft framework intended to provide all EPA programs with a shared reference point for […]