Keith Garner

Keith Garner

Sheppard Mullin Richter & Hampton LLP

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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

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

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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