Data center developers often struggle with lengthy and costly regulatory hurdles at both state and federal levels. In a move to simplify this process, the Trump administration has issued an executive order and introduced the “America’s AI Action Plan,” both designed to accelerate federal permitting and reshape environmental review frameworks for new data centers and supporting infrastructure.
On June 11, 2025, EPA issued a proposed rule that repeals carbon pollution standards for new and reconstructed gas turbines and existing and modified coal and oil/gas-fired units.
In an 8-0 decision, the U.S. Supreme Court reversed a D.C. Circuit ruling that had blocked construction of a new 88-mile freight railroad line, clarifying the scope of impacts that federal agencies must consider under the National Environmental Policy Act (NEPA).
The U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) have proposed to rescind the regulatory definition of “harm” under the ESA to generally remove consideration of habitat when analyzing impacts to covered species. This move has potential to dramatically impact species conservation efforts and developer and landowner obligations under the Endangered Species Act.
Continue Reading Services Propose to Remove Habitat Modification from ESA’s Definition of ‘Harm’
After nearly two decades of litigation, the U.S. Environmental Protection Agency (EPA) recently finalized a suite of four regulations targeting the power sector. The rules aim to address greenhouse gas
Continue Reading EPA Announces Broad Suite of Pollution Regulations for Power Plants
In a rulemaking closely watched by the transloading industry, the U.S. Environmental Protection Agency (EPA) issued a final rule on March 1, 2024, updating the Accidental Release Prevention Requirements and
Continue Reading EPA Finalizes New RMP Rule and Rejects Provision on Transloading
On Aug. 17, 2023, the U.S. Environmental Protection Agency (EPA) announced its final, revised National Enforcement and Compliance Initiatives (NECIs) for fiscal years 2024-2027, seven months after soliciting public comment
Continue Reading EPA Announces Its Final National Enforcement and Compliance Initiatives
The U.S. Supreme Court has sided with the Sacketts against the Environmental Protection Agency to narrow the Clean Water Act.
Continue Reading Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands
On March 14, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed National Primary Drinking Water Regulation (NPDWR) which, if finalized, would set enforceable limits, known as Maximum Contaminant
Continue Reading PFAS in Drinking Water: EPA Proposes Historic New Regulation
On his first day in office, President Biden issued Executive Order 14008, calling on federal agencies to prioritize environmental justice and find ways to address disproportionate pollution impacts on
Continue Reading Cumulative risk by any other name: Seeking environmental justice in an era of statutory, regulatory, and scientific uncertainty