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Unpacking the Revised WOTUS Rule
On August 29, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers issued a direct final rule that revised the “waters of the United States” (WOTUS) definition rule. This rule amended the final WOTUS rule, previously published in January 2023, to be consistent with the Supreme Court’s May decision in Sackett v. Environmental Protection Agency. On September 14, the Environmental Law Institute hosted a panel of experts to analyze the new rule and discuss its regulatory and policy consequences.
New Orleans v. Apache Louisiana Minerals, LLC
A district court denied the city of New Orleans' motion to remand to state court its lawsuit against oil companies for allegedly damaging coastal wetlands with their operations. The city initially sued the companies in state court, arguing they violated the Louisiana State and Local Coastal Resource...
Powder River Basin Resource Council v. U.S. Dept of Interior
A district court denied environmental groups' motion to preliminarily enjoin an oil drilling project in Wyoming's Powder River Basin. The groups argued DOI's initial approval of the project violated NEPA by failing to take a "hard look" at relevant environmental issues, violated FLPMA by failing to ...