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One thing is certain about 2021 – environmental and natural resources-related litigation against the federal government will continue apace and it will impact a range of private projects that require federal authorization of some sort or that rely on public natural resources and lands. What is not certain is how the Biden Administration may alter its approach to such defensive litigation to reflect its priorities. That being said, we have identified four areas for potential litigation changes to watch for in 2021.
Potential Change #1: Reversing the De-Regulatory Efforts of the Trump Administration.