HeyJaredRebecca Hays Barho
- Indexed articles, last 90 days
- 3
- Latest publication
- Sep 30, 2026
- Outlet visibility, for Mondaq
- Top 500K sites
- Earliest in this view
- Jul 10, 2026
Latest articles
WOTUS Revisited: EPA And Corps Propose To Refine “Relatively Permanent” And “Continuous Surface Connection” (opens the original)
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On September 4, 2026, the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers released a supplemental proposal to revise the definition of “waters of the United States” (WOTUS) under the Clean Water Act. This follows a November 2025 proposal that drew more than 220,000 comments and reflects the Agencies’ continued effort to align WOTUS with the Supreme Court’s 2023 Sackett v. EPA decision. The supplemental proposal focuses on three core concepts: The proposal also reaffir
Agencies Rescind “Harm” Definition (opens the original)
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On July 14, 2026, the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (collectively, Services) published a final rule to rescind the definition of “harm” from their Endangered Species Act (ESA) implementing regulations (Final Rule). For decades, the Services’ definition of “harm”—which indicated that, under certain circumstances, modifying the habitat of ESA-listed species could result in prohibited “take”—has been the primary means by which the ESA impacts pr
Rescission Of ESA “Harm” Definition Leaves OIRA (opens the original)
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On July 7, 2026, the Office of Information and Regulatory Affairs (OIRA) completed its review of final rules to rescind the regulatory definition of “harm” under the Endangered Species Act (ESA). The U.S. Fish and Wildlife Service and National Marine Fisheries Service (Services) jointly proposed to rescind their respective definitions of “harm” in April 2025 (Proposed Rule) and received more than 350,000 comments with respect to their proposed actions. As we previously reported, ESA section 9 pr
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