Kerry L. McGrath
- Indexed articles, last 90 days
- 3
- Latest publication
- Aug 31, 2026
- Outlet visibility, for natlawreview.com
- Top 1M sites
- Earliest in this view
- Jul 17, 2026
Latest articles
Navigating Challenges to Class VI Permits Before the EPA Environmental Appeals Board (opens the original)
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The geologic sequestration of carbon dioxide (CO2) is a billion-dollar industry and is only projected to grow over the next decade.1 The key environmental permit needed for these projects is an Underground Injection Control (UIC) Class VI permit for the injection wells used for geological sequestration. While some states have obtained authority to issue Class VI permits (including, recently, Texas and West Virginia), in most states, the US Environmental Protection Agency (EPA) is the Class VI pe
Advisory Council on Historic Properties Poised to Propose Course Correction to Streamline Cultural Resources and Tribal Consultation (opens the original)
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On July 24, 2026, the Advisory Council on Historic Preservation (ACHP) reportedly voted to move forward with a Notice of Proposed Rulemaking (NPRM) to amend the National Historic Preservation Act (NHPA) Section 106 implementing regulations. Subsequently, this NPRM was submitted to the White House Office of Management and Budget (OMB) and is now awaiting review and approval to be published in the Federal Register. While the NPRM has not yet been publicly released, a draft that was sent to ACHP me
Habitat Modification is No Longer Prohibited "Take" Under the Endangered Species Act (opens the original)
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On July 14, 2026, the US Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (together, Services) issued a final rule rescinding the regulatory definition of “harm” under the Endangered Species Act (ESA) and thereby shifting its interpretation of the ESA’s “take” prohibition to no longer extend to habitat modification. This rule marks the administration’s latest protected species-related deregulatory action and will become effective 60 days after publication, on Sept
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