Shawn Hagerty

Shawn Hagerty

Best Best & Krieger LLP

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Sixth Circuit Exercises Jurisdiction over Federal Clean Water Rule Challenges

Nationwide Stay of WOTUS Rules Remains in Effect - On February 22, 2016, the Sixth Circuit ruled that it has jurisdiction to hear numerous consolidated petitions filed in both district and circuit courts across the...more

3/1/2016 - Clean Water Rule EPA Jurisdiction Order to Stay Presidential Veto US Army Corps of Engineers Waters of the United States

State Water Board Adopts Guidelines for Securing Prop. 1 Funding for Storm Water Control and Capture

The State Water Resources Control Board set priorities earlier this week for storm water control and capture projects seeking Proposition 1 funding. The Board adopted two sets of guidelines for the awarding of $200 million in...more

12/22/2015 - Grants State Funding State Water Boards Storm Water Storm Water Resource Plan

California Appellate Court Addresses Release of City Attorney’s Private E-mails

An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

11/17/2015 - Appeals Attorney-Client Privilege Email Public Records Act State and Local Government Work Product Privilege

Federal Judge Halts Implementation of Waters of the United States Rule

Injunction Applies Only to 13 States That Are Parties to the Case On Thursday, U.S. District Judge Ralph Erickson in Fargo, N.D. issued a temporary injunction requested by North Dakota and 12 other states prohibiting the...more

9/4/2015 - Clean Water Act EPA Preliminary Injunctions US Army Corps of Engineers Waters of the United States

EPA Draft Ruling Could Mean Significant Changes to How Stormwater Systems are Categorized

The last thing that public agency leaders want to hear is that looming changes may make operating and building new public infrastructure more challenging and expensive. Unfortunately, proposed changes by the Environmental...more

10/21/2014 - Clean Water Act Critical Infrastructure Sectors Discharge of Pollutants EPA Infrastructure Storm Water Waters of the United States

EPA Proposes Change to Clean Water Act Rule and Definition of the Term “Waters of the U.S.”

The Environmental Protection Agency recently announced a proposed rule changes related to the Clean Water Act and the definition of the term “Waters of the United States.” If adopted, it is believed they will greatly expand...more

6/24/2014 - Clean Water Act Environmental Policies EPA US Army Corps of Engineers Water Waters of the United States

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...more

6/11/2014 - Environmental Policies EPA US Army Corps of Engineers Water Water Resources Development Act Waters of the United States Wetlands WRRDA

EPA Issues Proposed Rule Interpreting Jurisdictional Reach of Clean Water Act: Deadline for Comments on the Proposed Rule is July...

The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) formally issued a Proposed Rule today designed to clarify their regulatory jurisdiction under the Clean Water Act. The Proposed Rule will...more

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

Waters of the US: EPA Seeks Input to Clarify Scope of Clean Water Act

BB&K is Assembling a Coalition of Local Governments to Provide Input - The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) released a Proposed Rule designed to clarify their regulatory...more

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

Communications From Officials' Private Cell Phones and E-Mail Not Subject to Public Records Act

Public Agencies are Free to Adopt Their Own Policies Regarding Access to Private Communications on Public Issues - A California Court of Appeal ruled yesterday that public agencies are not required to disclose...more

3/31/2014 - Cell Phones Mobile Devices Public Officials Public Records

Work Session X: Water Quality: What Is Integrated Water Quality Planning And How Does It Work?

I. Background and Need for Integrated Planning - Municipalities face multiple demands for public services and programs that regularly exceed the limited resources available to perform those services or provide those...more

10/3/2013 - Infrastructure Public Projects Urban Planning & Development Water

EPA Proposes Water Quality Standards For Preventing Degradation of Water Bodies

Regulations Require Identification of High Quality Lakes, Streams and Other Surface Water - The U.S. Environmental Protection Agency (EPA) recently issued proposed regulations governing the way it reviews and approves...more

9/13/2013 - Clean Water Act Environmental Policies EPA Erosion Water

Ninth Circuit Says Los Angeles County Flood Control District is Liable for River Pollution - Appellate Court Sidesteps Supreme...

The Ninth Circuit Court of Appeals ruled on August 8, 2013, that elevated pollutant levels in the Los Angeles and San Gabriel rivers represent a violation of the National Pollutant Discharge Elimination System (NPDES) permit...more

8/12/2013 - Clean Water Act Environmental Liability Environmental Policies Flooding NPDES Pollution Control

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