Lawrence R. Liebesman

Lawrence R. Liebesman

Holland & Knight LLP

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Fifth Circuit Limits the Reach of ESA "Take Liability" for State Regulatory Agencies Based on "Proximate Causation" Principles

The Fifth Circuit's decision provides important legal and factual guidance for whether an action will cause a "take" under the ESA. While the decision only affects states covered by the Fifth Circuit (Texas, Louisiana and...more

7/15/2014 - Endangered Species Endangered Species Act ESA Listings Proximate Cause

Obama Administration Releases Proposed Rule on "Waters of the United States"

The U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency released a proposed rule that will impact many segments of the U.S. economy, greatly expanding future permitting requirements. The proposed rule...more

4/7/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States

Federal Court Upholds the Final TMDL for the Chesapeake Bay in Important Decision Involving Cooperative Federalism

In a case of first impression, the United States District Court for the Middle District of Pennsylvania upheld the EPA's authority to establish a final total maximum daily load (TMDL) for the Chesapeake Bay Watershed that...more

9/23/2013 - Clean Water Act Environmental Policies EPA Storm Water TMDL Watershed

Government Issues Final Rule on Economic Impact Analyses for Endangered Species Act Habitat Designations

Because of its huge impact on land use, the designation of critical habitat is one of the most controversial and heavily litigated areas of the Endangered Species Act (ESA), as seen with the designation of millions of acres...more

9/19/2013 - Critical Habitat Economic Impact Analysis Endangered Species Act ESA Listings

A Victory for Property Rights: U.S. Supreme Court Rules for Developers Seeking Permit Approvals

On June 25, 2013, the U.S. Supreme Court handed down arguably one of the most influential Takings Clause decisions since the Kelo v. City of New London1 ruling in 2005. In a 5-4 decision in Koontz v. St. Johns River Water...more

7/2/2013 - Dolan v City of Tigard Fifth Amendment Koontz v St John's River Water Management Land Developers Nexus Nollan v California Coastal Commission Permits Rough Proportionality Test SCOTUS Takings Wetlands

Stormwater Alert: Maryland Fee Program About to Become a Reality

The so called "rain tax" is about to hit property owners in Maryland. In April 2012, the Maryland General Assembly enacted a law — known as HB 987 — that requires each of the 10 most populous jurisdictions in Maryland...more

6/12/2013 - Clean Water Act EPA Fees New Legislation Rehabilitation and Restoration Plans Storm Water Watershed

Supreme Court Upholds EPA's Logging Road Exception from Clean Water Act NPDES Permitting

On March 20, 2013, the U.S. Supreme Court issued an opinion in Decker v. Northwest Environmental Defense Center that addresses the issue of "whether the Clean Water Act and its implementing regulations require permits before...more

4/12/2013 - Auer Deference Citizen Suits Clean Water Act Decker Discharge of Pollutants EPA Industrial Stormwater Rule NPDES SCOTUS Storm Water

U.S. Supreme Court Reaffirms Settled Precedent for Regulating Transfers of Water Through Stormwater Systems and Other Water...

On January 8, 2013, the U.S. Supreme Court unanimously overturned a judgment of the U.S. Court of Appeals for the Ninth Circuit that would have had vast consequences for stormwater systems and other water infrastructure...more

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

Court Holds for First Time That EPA Cannot Regulate Stormwater as a Pollutant under Clean Water Act

In a significant ruling issued on January 3, 2013, a federal court held for the first time that the Environmental Protection Agency (EPA) cannot regulate stormwater as a "pollutant" under the Clean Water Act....more

1/9/2013 - Chevron Clean Water Act Discharge of Pollutants EPA Storm Water TMDL

Congress Enacts Legislation Streamlining Environmental Review of Major Transportation Projects

On July 6, 2012, President Obama signed the Moving Ahead for Progress in the 21st Century Act1 (MAP-21), P.L 112-141, passed by Congress on June 29, 2012, which reauthorizes funding for surface transportation projects through...more

8/9/2012 - Categorical Exclusions Department of Transportation Environmental Review MAP-21 NEPA

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