Environmental, Social, and Governance

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On November 20, 2025, the U.S. Environmental Protection Agency (EPA) and the Department of the Army published their proposed rule to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). Following more than a decade of litigation and WOTUS “repeal and replace” rulemaking, the current administration promotes…

Following the Trump administration’s abrupt cancelation of the Revolution Wind project at the end of August, Revolution Wind LLC, a joint venture between Ørsted and Skyborn Renewables, filed suit in the U.S. District Court for the District of Columbia seeking to prevent enforcement of the stop work order. Revolution Wind contends that the order was…

On Friday, August 22, 2025, the Trump administration announced the cancellation of the Revolution Wind project located off the south coast of Rhode Island, east of Block Island. At the time of the stop work order, the project, based out of the State Pier in New London, Connecticut, was approximately 80% complete with foundations in…

After a few decades of uncertainty and “it’s-alive-it’s-dead-it’s-alive” swings, EPA’s “once in, always in” (OI/AI) policy is once again dead. And this time, it seems very dead.

On June 20, 2025, President Trump signed a Congressional Review Act (CRA) resolution that rejects a September 2024 rule adopted by the Biden EPA that had revived a…

This post was co-authored by Summer Associate Alexandra Prendergast. Alexandra is not admitted to practice law.

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed actions before making decisions. In the…

As recently reported, on May 19, 2025, the U.S. Department of the Interior reversed the stop work order it issued on April 16, 2025, thereby allowing the $5 billion, 2 GW, Empire Wind project to proceed. On June 3, 2025, a coalition of Empire Wind opponents sued the Trump administration in federal court in…

On May 23, 2025, President Trump signed four new executive orders (the Orders) to “usher in a nuclear energy renaissance.” In an article, the White House explained that the Orders provide “a path forward for nuclear innovation” as they “allow for reactor design testing at [Department of Energy (DOE)] labs, clear the way for…

On the heels of an action by states challenging the Trump administration’s efforts to block federal permits for offshore wind development a lawsuit filed by 15 states on May 9, 2025, claims that the administration misapplied the National Emergencies Act in declaring a national energy emergency.  The emergency declaration, announced in a January 20, 2025…

On Monday, May 4, 2025, a coalition of 17 states and the District of Columbia filed suit in Massachusetts District Court over the Trump administration’s efforts to block federal permits for all offshore wind development. The administration’s policy was announced in a January 20, 2025 executive order placing federal permitting of wind projects on hold…