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’

New York’s legislature has passed significant amendments to New York’s Environmental Conservation Law concerning the Inactive Hazardous Waste Disposal Site Remedial Program—commonly referred to as the State Superfund program.…

Continue Reading NY’s Superfund Law Poised for Overhaul: Aligning with CERCLA and Accounting for Environmental Justice

NYC Local Law 97 establishes strict carbon emissions limits for large buildings throughout New York City. This blog post examines LL97’s legal implications, including compliance strategies, enforcement risks, and the broader impact on the real estate market.…

Continue Reading NYC Local Law 97 Emissions Limits Take Effect. Now What?

On April 23, 2025, the U.S. Department of the Interior announced plans to implement unprecedented emergency procedures to fast-track permitting for energy and critical minerals projects on federal lands. …
Continue Reading Department of the Interior to Adopt Expedited NEPA Permitting Procedures for Energy and Minerals Projects on Federal Lands

BOEM Halts Construction of Empire Wind 1

On April 16, 2025, the Bureau of Ocean Energy Management (BOEM) issued a formal director’s order instructing Empire Offshore Wind LLC to cease…

Continue Reading When Is a Final Approval Not the Final Word? Empire Wind Halt Raises Questions About Managing Risk for Previously Approved Infrastructure Projects

On March 27, 2025, Mexico’s Federal Commission for the Protection Against Sanitary Risks (COFEPRIS) published an agreement in the Official Gazette of the Federation (DOF) outlining simplification measures for COFEPRIS procedures.
Continue Reading Mexico Simplifies Procedures Before Its Federal Commission for Protection Against Sanitary Risks

On April 8, 2025, President Donald J. Trump issued an executive order titled Protecting American Energy From State Overreach. The order directs the U.S. attorney general to identify and take action against state and local laws “burdening” domestic energy development, especially laws addressing climate change, environmental, social, and government (ESG) initiatives, and environmental justice.…

Continue Reading Executive Order Targets State Climate Laws, But Existing GHG Permit Requirements Remain Enforceable

On March 12, 2025, EPA Administrator Lee Zeldin announced the agency’s intention to reconsider 31 environmental regulations, describing the effort as the “single most impactful day of deregulation in EPA history.” While the scope of this initiative spans air, water, and climate regulations, the most consequential actions—legally and practically—center on a handful of cross-cutting programs and sector-specific rules.…

Continue Reading EPA Launches Historic Deregulatory Initiative: Key Legal Risks and Strategic Takeaways