Richard Glick

Richard Glick

Davis Wright Tremaine LLP

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ECOS Releases “Waters of the U.S.” Paper

On September 15, the Environmental Council of the States (ECOS) released a paper produced by the American College of Environmental Lawyers (ACOEL) on the new “waters of the U.S.” rules proposed by EPA and the Army Corps of...more

9/24/2014 - Environmental Policies EPA US Army Corps of Engineers Water Waters of the United States

Kids Get Their Day in Court on Climate Change

On June 11, the Oregon Court of Appeals held that two teens are entitled to a judicial declaration of whether there exists a “public trust” obligation in state officials to “protect the State’s atmosphere as well as the...more

6/17/2014 - Climate Change Environmental Liability Public Trust Doctrine

Opposition Builds to Proposed Federal Clean Water Act Rules

Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA...more

5/15/2014 - Clean Water Act EPA Jurisdiction Nexus Rapanos v US US Army Corps of Engineers Water Waters of the United States

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...more

1/24/2014 - Appropriation Clean Water Act Groundwater Industrial Discharges Natural Resources Water Water Quality Trading Water Rights Water Supplies

Court Creates Problem for Municipal Water Utilities

Municipal water rights present an anomaly under the prior appropriation doctrine, which governs water law in the West. The doctrine is predicated on the idea that the permittee will act quickly to put the water to beneficial...more

12/18/2013 - Utilities Sector Water

“Waters of the U.S.” — What’s Not To Understand?

EPA and the Army Corps of Engineers continue their ongoing effort to bring clarity to the tangled mess wrought by the Supreme Court in Rapanos v. U. S. In that 2006 case, a fractured Court issued five separate opinions on the...more

11/20/2013 - Clean Water Act EPA SCOTUS US Army Corps of Engineers Water

Transmission Line Developers Post a Win

A federal court in Washington, D.C. gave some encouragement to transmission line developers—not to mention sponsors of other linear projects, like gas or water pipelines....more

9/10/2013 - Infrastructure NEPA Power Grid Transmission Lines Utilities Sector

Those Dam Polluters!

The Columbia and Snake River federal network of dams, and the abundance of low cost electricity it produces, has long been the cornerstone of the Pacific Northwest manufacturing economy....more

8/22/2013 - Hydropower Industrial Discharges Oil Spills

Sooners Beat Longhorns in Red River Bowl

In a unanimous decision issued June 13, the Supreme Court put an end to a parched Texas municipal utility’s bid to secure an Oklahoma water right. In Tarrant Regional Water District v. Herrmann, the Court rejected every...more

6/18/2013 - Negotiations Water Water Rights

Can We Please Talk About Outcomes for a Change???

I get it that environmental groups place strict compliance with regulatory controls at a premium. After all, the standards are designed to be protective of the resource, and they are The Law, which must be obeyed....more

4/22/2013 - Compliance Department of Environmental Quality EPA Water Quality Trading Watershed

First Oregon, Now Washington Water Quality Standards Under Attack

On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and...more

3/11/2013 - Clean Water Act Department of Fish and Wildlife Endangered Species Act EPA National Marine Fisheries Service

Proposed EPA Rules to Help Smaller RIN Sellers

On February 21st, EPA proposed new rules under the Renewable Fuel Standard Program (RFS) intended to improve market conditions for Renewable Identification Numbers (RINs). The RFS allows producers and importers of renewable...more

2/26/2013 - EPA Imports Oil & Gas Renewable Fuel Renewable Fuel Standard RINs

Supreme Court Decision Good News for Dam Owners

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

1/10/2013 - Clean Water Act Dams Discharge of Pollutants Hydro Issues Los Angeles County Flood Control District NPDES Permits SCOTUS

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