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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.
Louisiana v. Haaland
The Fifth Circuit dismissed intervening environmental groups' challenge to a district court order requiring the Bureau of Ocean Energy Management (BOEM) to hold an oil and gas lease sale on the outer continental shelf in the Gulf of Mexico. The state of Louisiana and oil companies initially sued BOE...
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 ...
Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management
A district court dismissed environmental groups' challenge to BLM's approval of a 600-million-barrel oil development project in the National Petroleum Reserve-Alaska. The groups first argued BLM violated NEPA by failing to consider a reasonable range of alternatives and by failing to adequately anal...