Marc Bruner

Marc Bruner

Perkins Coie

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Supreme Court Rules that Clean Water Act Jurisdictional Determinations Are Reviewable in Court

The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more

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

Federal Appeals Court Blocks Clean Water Rule Nationwide

In an attempt to “temporarily silence[] the whirlwind of confusion that springs from uncertainty,” the U.S. Court of Appeals for the Sixth Circuit has blocked the new rule defining “waters of the United States” under the...more

10/13/2015 - Appeals Clean Water Act EPA Jurisdiction Stays US Army Corps of Engineers Waters of the United States

Ninth Circuit Invalidates EPA Approval of Controversial Pesticide

In a major victory for beekeepers, the U.S. Court of Appeals for the Ninth Circuit has vacated the EPA’s approval of the pesticide sulfoxaflor, concluding that the approval was based on “flawed and limited data” regarding...more

9/16/2015 - Agricultural Land Appeals Dow Chemical EPA Farms Honeybees Pesticides Popular Toxic Chemicals

Federal Court Stops Clean Water Act Rule from Going into Effect in 13 States

On August 27, 2015, Chief Judge Ralph Erickson of the U.S. District Court for the District of North Dakota granted a preliminary injunction that stops EPA’s and the Army Corps of Engineers’ new rule defining federal...more

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

EPA And Corps Of Engineers Release Proposed Rule On Scope Of Waters Covered Under Clean Water Act That Would Significantly Expand...

On April 21, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly published a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

4/22/2014 - Clean Water Act EPA Jurisdiction US Army Corps of Engineers Waters of the United States

The EPA And The Corps Of Engineers Release Proposed Rule On The Scope Of Waters Covered Under The Clean Water Act

On March 25, 2014, the Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule to define those waters that fall under the jurisdiction of the Clean Water Act as “waters of the United...more

3/31/2014 - Clean Water Act Environmental Policies EPA US Army Corps of Engineers

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

12/20/2013 - Clean Water Act EPA Jurisdiction Permits US Army Corps of Engineers Water

EPA Moves To Expand Federal Clean Water Act Jurisdiction

The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

9/25/2013 - Clean Water Act Environmental Policies EPA Water Wetlands

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

5/1/2013 - Clean Water Act Coal Mines EPA Permits US Army Corps of Engineers

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