Environmental Law Portal

Welcome to the Beveridge & Diamond Environmental Law Portal.

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. 

Subscribe for updates via:

Meet the Contributors

Topics

Recent Posts

Click here to learn more about us

Showing 33 posts by W. Parker Moore.

Major Changes to Endangered Species Act Regulations Proposed

On July 25, 2018, the Department of the Interior’s Fish and Wildlife Service (“FWS”) and the Department of Commerce’s National Marine Fisheries Service (“NMFS”) (collectively “the Services”) issued three proposed rules that would modify key aspects of their Endangered Species Act (”ESA”) regulations. The proposals respond in part to stakeholder comments submitted to FWS last year as a result of Executive Order 13777, “Enforcing the Regulatory Reform Agenda.” Read More ›

NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act

National environmental groups recently filed a pair of new lawsuits in New York federal district court seeking to expand the scope of liability for “incidental take” under the Migratory Bird Treaty Act (“MBTA”).[1]  The litigation seeks to overturn recent legal and policy guidance issued by the United States Department of the Interior (“DOI”) and Fish and Wildlife Service (“FWS”) which provided greater regulatory certainty by limiting those agencies’ enforcement actions under the MBTA to claims of intentional harm to migratory birds.  If the new lawsuits prevail, many industries may once again face potential criminal liability for day-to-day operations posing a risk of unintentional effects on migratory birds.  The lawsuits are also a reminder that courts remain split on the scope of MBTA liability, that MBTA enforcement policy may shift between administrations, and that other statutes still make avian protection a key component of environmental planning and compliance at many facilities. Read More ›

Unanimous Supreme Court: WOTUS Rule Challenges Belong in Federal District Courts

In a unanimous opinion, the Supreme Court today held that lawsuits challenging the 2015 rule amending the definition of waters of the United States (WOTUS Rule) under the Clean Water Act (CWA) must be brought in federal district courts because federal courts of appeals lack jurisdiction over those challenges.  The case, National Association of Manufacturers v. Department of Defense, resolves uncertainty over the scope of the CWA’s judicial review provisions.  The Court’s opinion also opens a new chapter in the fight to keep the WOTUS Rule from going into effect. Read More ›

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 ›