James Rusk

James Rusk

Sheppard Mullin Richter & Hampton LLP

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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

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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