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District Court Strikes Down Regulation of Purely Intrastate Species on Private Land

In a significant Endangered Species Act case, the Utah District Court has ruled that Congress may not regulate take of the threatened Utah prairie dog, a purely intrastate species, on non-federal land. The court found that...more

11/19/2014 - Commerce Clause Endangered Species Act ESA Listings Interstate Commerce Jurisdiction Private Property Takings

Utility Pole Not A Point Source Under The Clean Water Act

Last week the Ninth Circuit held that utility poles are not “point sources” of stormwater discharge nor “associated with industrial activity,” and therefore do not require an NPDES permit to comply with the Clean Water Act....more

4/19/2013 - Clean Water Act NPDES Point Sources RCRA Utility Poles

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