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Beveridge & Diamond’s 100 lawyers in seven U.S. offices focus on environmental and natural resource law, litigation and dispute resolution. We help clients around the world resolve critical environmental and sustainability issues relating to their products, facilities, and operations. 

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Showing 30 posts by W. Parker Moore.

Replacement of the Clean Water Rule to Be a Two-Step Process

The Environmental Protection Agency and Army Corps of Engineers announced yesterday that the implementation of President Trump’s executive order directing EPA and the Corps to replace the Clean Water Rule will be a two-step affair.  The first step, contained in a pre-publication proposed rule issued by both agencies, will rescind the Clean Water Rule and restore the definition of “waters of the United States” (“WOTUS”) that was in place before EPA and the Corps issued the Rule in 2015.  In step two, which will occur at some future date, EPA and Corps will propose a new, narrower WOTUS definition.  Read More ›

Corps of Engineers Nationwide Permits – Some New, Some Modified – Take Effect

On March 19, 2017, the latest iterations of the U.S. Army Corps of Engineers’ nationwide permits (NWPs) will take effect.  As set forth in the Corps’ final rule announcing these NWPs, the 2017 package contains 52 permits, many of which are being reissued from the permits currently in place, along with General Conditions, Definitions, and decision-making directions for Corps district engineers.  The NWP Program is a streamlined permitting process that authorizes certain categories of activities that have minimal individual and cumulative impact to wetlands and other waters of the United States subject to a pre-determined set of General Conditions.  Any parties that operate under such NWPs should review the modifications to determine whether their future permitting options might be affected, and seek legal counsel as needed.  The new set of NWPs will be valid for five years, expiring on March 18, 2022. Read More ›

Parker Moore Quoted in BloombergBNA on the Benefits of Science Training for Attorneys

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection,Wetlands, and National Environmental Policy Act (NEPA) practice groups, was quoted in a BloombergBNA Daily Environment Report article titled "Science Training Gives Some Attorneys Advantages."  The article discusses how training and degrees in the sciences have advantages in the practice of environmental law. Read More ›

Parker Moore Quoted in BloombergBNA on Likely Legal Challenges to Final ESA Critical Habitat Rules

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in a BloombergBNA Daily Environment Report article titled "Species Habitat Rules May Face Multiple Lawsuits." The article discusses two recently finalized rules governing the designation of critical habitat area for listed species under the Endangered Species Act (ESA) and the definition of “destruction and adverse modification” of critical habit. Due to the expansive authority asserted by the U.S. Fish and Wildlife Service and NOAA Fisheries, the probability of lawsuits is high. “I fully expect a challenge from both sides,” Mr. Moore said. Read More ›

Parker Moore Quoted in Law360 on Final ESA Critical Habitat Rules

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in a Law360 article titled "Greens, Industry Call Critical Habitat Rule Fatally Flawed." The article discusses two recently finalized rules governing the designation of critical habitat area for listed species under the Endangered Species Act (ESA) and the definition of “destruction and adverse modification” of critical habit.  In the article, Mr. Moore explains why he thinks the rules will be vulnerable to legal challenge. Read More ›

Parker Moore Quoted in Bloomberg BNA and Law360 on Developing Successful ESA Strategy for Northern Long-Eared Bat

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm’s Endangered Species and Wildlife Protection practice group, was quoted in two articles on the U.S. Fish and Wildlife Service’s (FWS) final rule that significantly broadened the activities that may be conducted within the northern long-eared bat’s 37-state range. Read More ›

Parker Moore Quoted in Law360 on Protected Wildlife Developments for 2016

Parker Moore, a Principal in Beveridge & Diamond's Washington, DC office and leader of the firm's Endangered Species and Wildlife Protection practice group, was quoted in a Law360 article titled "Environmental Legislation And regulation To Watch in 2016." Read More ›

Prudence Prevails: Fifth Circuit Supports Narrow Reading of Liability under the Migratory Bird Treaty Act

The U.S. Court of the Appeals for the Fifth Circuit recently ruled that the criminal prohibition on killing or injuring birds under the Migratory Bird Treaty Act (“MBTA”) “only prohibits intentional acts (not omissions) that directly (not indirectly or accidentally) kill migratory birds.”  The appellate court reversed a criminal conviction under the MBTA for the deaths of migratory birds that had become trapped in uncovered equalization tanks containing oil and wastewater.  In so doing, the Fifth Circuit solidified the split among federal courts over the appropriate interpretation of an unlawful “taking” under the MBTA when commercial operations inadvertently impact birds.  In the process, it significantly increased the likelihood of the Supreme Court taking up the issue in the not-too-distant future.  And it further cast doubt on a recently-announced regulatory initiative of the U.S. Fish & Wildlife Service (“FWS”) to create “incidental take permits” under the MBTA covering commercial operations’ impacts on migratory birds. Read More ›

Court Strikes Down FWS Rule for 30-Year Eagle Incidental Take Permits

In 2013, the U.S. Fish and Wildlife Service (“FWS”) issued a rule increasing the maximum duration from five to 30 years of programmatic permits under the Bald and Golden Eagle Protection Act to “take” bald or golden eagles incident to otherwise lawful activities.  That rule was challenged by environmentalists in the U.S. District Court for the Northern District of California.  On August 11, 2015, the court granted summary judgment for the plaintiffs and remanded the rule.  As a result, for now, 30-year incidental take permits are no longer available to wind energy and other projects under the Eagle Act. Read More ›

EPA, Army Corps Redefine Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers (“the agencies”) have issued the long-awaited final rule to define the scope of waters and wetlands subject to federal jurisdiction under the Clean Water Act (“CWA” or “Act”), available online here.  The final rule offers notable changes from the proposed rule in an attempt to resolve years of debate and confusion in the wake of perplexing Supreme Court decisions and failed guidance by the agencies.  While the final rule does provide clarity on some aspects of the meaning of “waters of the United States” (or “WOTUS”), ambiguity remains.  The rule retains case-by-case “significant nexus” determinations for potentially jurisdictional waters, meaning that regulatory confusion and uncertainty will persist.  Even though the agencies assert that the final rule will result in a less than 5% increase in waters found to be jurisdictional, that is far from certain.  Congress and the courts will have their say, with the fate of WOTUS most likely remaining in the hands of Supreme Court (again). Read More ›