James Rusk

James Rusk

Sheppard Mullin Richter & Hampton LLP

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Use of long-term climate projections for bearded seal listing not necessarily a bellwether for Endangered Species Act decisions

The Ninth Circuit this week upheld a National Marine Fisheries Service decision to list the Pacific bearded seal as threatened under the Endangered Species Act based primarily on threats from climate change, reversing a...more

10/28/2016 - Administrative Procedure Act Agency Deference Appeals Arbitrary and Capricious Climate Change Critical Habitat Endangered Species Act (ESA) ESA Listings Evidence National Marine Fisheries Service Reversal

Corps Proposes Renewal of Nationwide Permits

The U.S. Army Corps of Engineers (“Corps”) has proposed new and revised Nationwide Permits (“NWPs”) for certain activities that require authorization under Section 404 of the Clean Water Act or Section 10 of the Rivers and...more

6/3/2016 - Clean Water Act Permits Proposed Regulation Public Comment US Army Corps of Engineers Waters of the United States

Jurisdictional Determinations Are Reviewable By The Courts

United States Army Corps of Engineers v. Hawkes Co., Inc. (5/31/16, No. 15-290) - In a widely anticipated decision in the wake of the Sackette v. EPA (132 S.Ct. 1367 (2012) decision, the U.S. Supreme Court decided that...more

6/2/2016 - Administrative Procedure Act Clean Water Act EPA Hawkes Co v United States Army Corps of Engineers Judicial Review Jurisdictional Determination (JD) SCOTUS US Army Corps of Engineers Waters of the United States

Bill to Nullify Clean Water Rule Vetoed

On January 19, 2016, President Obama vetoed legislation that, if approved, would have nullified the Clean Water Rule. The controversial rule, which redefines which water bodies qualify as “waters of the United States” under...more

1/22/2016 - Clean Water Act Clean Water Rule EPA Presidential Veto Rapanos v US SCOTUS Stays US Army Corps of Engineers Waters of the United States

Breaking: EPA Water Rule Blocked Nationwide By Sixth Circ.

The Sixth Circuit today stayed the effect of the Environmental Protection Agency’s new “Clean Water Rule” nationwide, while the Court of Appeals considers whether it has original jurisdiction to hear challenges to the...more

10/12/2015 - Clean Water Rule EPA Motion To Stay Waters of the United States

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

8/31/2015 - Administrative Procedure Act Clean Water Act EPA Jurisdiction Preliminary Injunctions Split of Authority US Army Corps of Engineers Waters of the United States

EPA and Corps Issue Rule Defining “Waters of the U.S”

On June 29, 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) published a final rule defining “waters of the United States.” The rule becomes effective on August 28, 2015. Because...more

7/1/2015 - Clean Water Act EPA Federal Jurisdiction Final Rules US Army Corps of Engineers Waters of the United States

Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals

Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a...more

11/25/2014 - Administrative Procedure Act Energy Exploration Litigation Strategies Oil & Gas Reversal Shell Oil Summary Judgment

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

11/18/2014 - Administrative Procedure Act Clean Water Act EPA Federal Jurisdiction Jurisdiction Sackett SCOTUS US Army Corps of Engineers

Preexisting Management Plan Not a “Mitigation Measure” for Purposes of CEQA Exemption

A preexisting management plan intended to minimize environmental effects of recurring facility operations and events is not a “proposed mitigation measure” for purposes of determining whether an event qualifies for a CEQA...more

4/28/2014 - CEQA Environmental Claims Environmental Liability Environmental Policies

Conveyance of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a “discharge” for purposes of the Clean Water Act (“CWA”) and thus involves no CWA violation,...more

1/11/2013 - Clean Water Act Discharge of Pollutants Los Angeles County Flood Control District NPDES Permits SCOTUS Storm Water

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