Posts by Charlotte Hawes
Recent Endangered Species Act Rule Deletes Regulatory Definitions of “Harm”
The U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS; together, the Services) recently rescinded without replacement the definitions of “harm” in regulations pertaining to the Endangered Species Act (ESA). The final rule (Rule) became effective September 14, 2026. Section 9 of the ESA (16 U.S.C. 1531 et seq.) prohibits the…
Read MoreFederal Agencies Announce Supplemental Proposed “Waters of the United States” Rule
On September 9, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers published a Supplemental Notice of Proposed Rulemaking (SNPRM) seeking comment on proposed additional revisions to the definition of “waters of the United States” (WOTUS) under the Clean Water Act (CWA). This SNPRM builds on the agencies’ November 2025 Notice of…
Read MoreD.C. Circuit Upholds EPA Rule Designating PFOA and PFOS as CERCLA Hazardous Substances
On August 18, 2026, the U.S. Court of Appeals for the D.C. Circuit upheld EPA’s 2024 rule designating two widely used per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA issued the final rule in April 2024, which…
Read MoreDEC Releases Guidance on Freshwater Wetlands Following Annulment
The New York State Department of Environmental Conservation (DEC) has released guidance clarifying its implementation of Article 24 of the Environmental Conservation Law, known as the Freshwater Wetlands Act (FWA), following the Albany County Supreme Court’s annulment of DEC’s 6 NYCRR Part 664 regulations. On April 8, 2026, Judge Richard M. Platkin of the New…
Read MoreNew York City Proposes Regulations To Lower Lead-Contaminated Dust Thresholds
On July 1, 2026, the New York City Department of Health and Mental Hygiene (DOHMH) will hold a virtual public hearing on its proposed regulations to lower the thresholds for lead-contaminated dust, following revisions to the federal thresholds by the U.S. Environmental Protection Agency (USEPA) that became effective in January 2026. DOHMH’s lead dust standards…
Read MoreNew York Enacts Substantial Reforms to SEQRA
On May 27, 2026, New York Governor Kathy Hochul signed into law significant amendments to the State Environmental Quality Review Act (SEQRA) as part of the Fiscal Year 2027 budget. The amendments — the most sweeping in decades — exempt certain categories of housing and infrastructure projects from SEQRA review, while also imposing new deadlines…
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