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R.E.M. track “Begin the Begin” starts A birdie and a hand for life’s rich demand. Well, regulated entities demanded, and the birdie delivered EPA’s proposed rule to revise the New Source Review (NSR) preconstruction permitting regulations and expand the scope of activities allowed prior to issuance of a NSR permit. The rule proposal redefines “begin actual construction”…

On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance intended to streamline the review and issuance of Title V operating permits under the Clean Air Act. This guidance may effectively reduce Title V permitting timelines, particularly where public opposition is limited. EPA’s guidance promotes parallel EPA and public comment reviews, earlier permit …

The scope of what Clean Water Act National Pollutant Discharge Elimination System (NPDES) permits may lawfully require continues to narrow. On April 29, 2026, in Northwest Environmental Advocates (NWEA) v. DEQ, the Oregon Court of Appeals upheld the decision of the Department of Environmental Quality (DEQ) to renew an NPDES permit without a narrative…

  • Comment Deadline: February 17, 2026, via the Federal eRulemaking Portal, email (OW-Docket@epa.gov), or mail. Comments must be submitted in writing and identified with Docket ID No. EPA‑HQ‑OW‑2025‑2929.
  • Adoption: Expected in Spring 2026 (subject to comments received).

On January 13, 2026, the United States Environmental Protection Agency (EPA) announced a proposed rule…

On December 5, 2025, the U.S. Environmental Protection Agency’s Office of Enforcement and Compliance Assurance  issued a memorandum titled “Reinforcing a ‘Compliance First’ Orientation for Compliance Assurance and Civil Enforcement Activities”(Compliance Memorandum). The Compliance Memorandum, nicknamed the Pritzlaff Memo, directs staff to prioritize efficient compliance over punitive measures, supporting the agency’s “Powering the…

Originally published in The Advocate, the magazine of the Idaho State Bar (October 2025).

EPA enforcement activity remains an ongoing concern for regulated entities, even amid shifting political priorities. In this article, Stoel Rives attorneys outline how the EPA exercises its inspection and enforcement authority and what businesses can do to prepare.

They…

UPDATE:

On Wednesday, August 20, 2025, Plaintiffs filed a Notice of Appeal to the Ninth Circuit challenging the District Court’s denial of their motion for a preliminary injunction. Along with their appeal, Plaintiffs filed a Motion for Injunction Pending Appeal under Federal Rule of Civil Procedure 62(d) and Federal Rule of Appellate Procedure 8(a)(1)(C). Plaintiffs…

In Waterkeeper Alliance v. EPA, the Ninth Circuit held that the Environmental Protection Agency failed to properly consider key factors when it declined to revise technology-based Effluent Limitations Guidelines and Standards (ELGs) for seven industrial categories. The ruling suggests the Environmental Protection Agency (EPA) may face increased pressure to revisit existing discharge requirements across…

In a significant decision interpreting the National Environmental Policy Act (NEPA), the U.S. Supreme Court issued its opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado on May 29, 2025. For certain projects, NEPA requires federal agencies to prepare Environmental Impact Statements (EIS) that detail significant environmental effects of the proposed action along with…

On April 17, 2025, the U.S. Fish and Wildlife Service (“USFWS”) and the National Marine Fisheries Service (“NMFS”) (collectively the “Services”) published a notice in the Federal Register of a proposed rulemaking that would rescind the regulatory definition of “harm” under the Endangered Species Act (“ESA”). The ESA prohibits “take” of threatened and endangered species.

On April 9, 2025, the White House published a new Memorandum entitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The Memorandum avers that illegal, unnecessary, and onerous regulations impede the Administration’s objectives of promoting economic growth and American innovation, and impose massive costs…

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Few firms view their Environment, Land Use, and Natural Resources practices as core legal services. Stoel Rives is one of them. The firm ranks #8 in the United States according to Law360’s list of the largest practices of its kind. Our sophisticated compliance counseling, permitting, regulatory development, and litigation practices continue a long tradition of specialization and deep experience. Our environment, land use, and natural resource attorneys incorporate prior agency experience, technical acumen, and industry knowledge into their legal advice. They also build strong relationships with agency officials and industry associations. Our litigation successes include landmark decisions. More than 60 attorneys, paralegals, and compliance analysts comprise Stoel Rives’ nationwide Environment, Land Use & Natural Resources practice.