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U.S. Supreme Court Issues Landmark Clean Water Act Decision, Significantly Narrowing the Scope of "Waters of the United States"...

It is rare for the U.S. Supreme Court to construe a statutory phrase on multiple occasions.  And yet now, for purposes of the federal Clean Water Act (CWA or the Act), it has rendered no less than four interpretations of the...more

EPA's Draft Plastics Strategy: A Road Map of What Comes Next

The U.S. Environmental Protection Agency (EPA or the Agency) recently released a “Draft National Strategy to Prevent Plastic Pollution.” Depending on its ultimate composition, the final strategy could materially affect the...more

EPA Releases Proposed PFAS Drinking Water Standards and Expands List of Regulated Substances

On Tuesday, 14 March 2023, the U.S. Environmental Protection Agency (EPA) announced its new proposed National Primary Drinking Water Regulations (NPDWR)  for perfluoroalkyl and polyfluoroalkyl substances (PFAS). If adopted,...more

Carbon Quarterly - Volume 2

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon regulation, resiliency...more

Carbon Quarterly - Volume 1

The Carbon Quarterly is a newsletter covering developments in carbon policy, law, and innovation worth paying attention to. No matter your views on climate change policy, there is no avoiding an increasing focus on carbon...more

Muddied Groundwater: New Supreme Court Test Adds Confusion and Uncertainty to Clean Water Act Permitting Jurisdiction

On April 23, 2020, the U.S. Supreme Court announced its much-awaited decision in County of Maui v. Hawai’i Wildlife Fund on whether the Clean Water Act (CWA) regulates the discharge of pollutants that pass through groundwater...more

COVID-19: Businesses Face Supply Chain Challenges as Pandemic Triggers State ‘Stay at Home’ and Business Curtailment Orders

In an effort to respond to the COVID-19 pandemic, states across the nation have adopted restrictions limiting the in-person operations of manufacturers, businesses, and institutions to those deemed “essential” or “life...more

Trump Administration Releases Clean Power Plan Replacement Proposal

Advancing President Trump’s campaign promise to end the “war on coal,” on August 21, 2018, the U.S. Environmental Protection Agency (“EPA”) proposed a new rule to replace the Obama administration’s Clean Power Plan (“CPP”). ...more

SCOTUS Ruling Gives Florida Chance to Prevail in Water War Against Georgia

We previously issued an alert analyzing two interstate water compact disputes before the U.S. Supreme Court (“SCOTUS” or the “Court”): Texas v. New Mexico and Colorado and Florida v. Georgia. On June 27, the Court rejected...more

New Mexico Files Counterclaims Against Texas and the United States in Latest Chapter of Interstate Water Compact Dispute

On March 12, 2018, we issued an alert analyzing the United States Supreme Court’s decision in Texas v. New Mexico, 138 S.Ct. 954 (2018), allowing the United States to intervene in an interstate water compact dispute between...more

SCOTUS Rules United States May Pursue Its Interstate Water Compact Claims in Texas v. New Mexico and Colorado

On February 12, 2018, we issued an alert analyzing two interstate water compact disputes before the United States Supreme Court: Texas v. New Mexico and Colorado and Florida v. Georgia. On March 5, the Court ruled that the...more

SCOTUS Wades into Water Wars

On January 8, the Supreme Court of the United States (“SCOTUS”) heard back-to-back oral arguments in two major water rights disputes between states: Texas v. New Mexico and Colorado, and Florida v. Georgia. While the merits...more

Pennsylvania Supreme Court Issues Transformative Decision in Environmental Rights Amendment Case

The Pennsylvania Supreme Court recently issued a landmark decision regarding Article I, Section 27 of the Pennsylvania Constitution, also known as the “Environmental Rights Amendment.” This amendment holds significance to...more

Environmental Policy Quarterly

Welcome to the Fall 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources and the Public Policy and Law Practice Groups of K&L Gates. Environmental Policy Quarterly...more

CEQ Issues Final Greenhouse Gas Guidance Directing Federal Agencies to Consider Climate Change in their NEPA Reviews

On August 2, 2016, the White House Council on Environmental Quality (“CEQ”) published a final version of its guidance to federal agencies requiring the consideration of greenhouse gas (“GHG”) emissions and effects on climate...more

Federal Judge: Authority Lacking for Regulation of Hydraulic Fracking

The federal district court in the state of Wyoming recently enjoined the Bureau of Land Management (“BLM”) from regulating hydraulic fracturing (“fracking”), effectively ending, at least for now, the federal government’s...more

Environmental Policy Quarterly: Spring 2016

Welcome to the Spring 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. Environmental...more

Environmental Policy Quarterly

Welcome to the Winter 2016 edition of Environmental Policy Quarterly, published jointly by the Environmental, Land and Natural Resources Practice Group and the Public Policy and Law Practice Group of K&L Gates. This...more

Defining the Scope of Waters of the United States: Supreme Court to Decide Whether Federal Courts Will Be Able to Review Clean...

For 30 years developers, agencies and courts have struggled over defining the purview of Clean Water Act jurisdiction (“CWA” or the “Act”). However, three U.S. Supreme Court rulings and a revised federal rule attempting to...more

Supreme Court of Ohio Rejects Local Governments’ Attempts to Regulate Oil and Gas Activities

In the Appalachian basin, several states have recently faced the issue of whether local governments have the ability to regulate oil and gas operations, potentially causing a maze of varying rules and requirements from one...more

EPA Promulgates Final Standards for Cooling Water Intake Structures

On May 19, 2014, the Environmental Protection Agency (EPA) released a long-delayed final rulemaking regulating cooling water intake structures at existing facilities under Section 316(b) of the Clean Water Act (CWA). For more...more

Is The “Functional Interdependence” Test Dead?

On May 30, 2014, the United States Court of Appeals for the D.C. Circuit vacated the Environmental Protection Agency’s (“EPA’s”) attempt to preserve an expansive view of what constitutes a single source of air emissions under...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

EPA Will Continue to Apply the "Functional Interdependence" Test for Air Quality Source Determinations Outside of the Sixth...

Introduction - On December 21, 2012, the U.S. Environmental Protection Agency (“EPA”) issued a new guidance memorandum (the “Page Memorandum”) on single source determinations for the oil and gas industry under the Clean...more

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