James Rusk

James Rusk

Sheppard Mullin Richter & Hampton LLP

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Latest Posts › Clean Water Act


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

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

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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