On January 8, 2013, the U.S. Supreme Court unanimously upheld its 2004 ruling that the movement of polluted water between separate sections of the same waterbody does not constitute a “discharge” of pollutants requiring a permit…more
This article analyzes the potential impacts of the 2012 National Wetland Plant List, released earlier this year. The author concludes that the 2012 NWPL could effect a sea change in wetland regulation, as it classifies far more…more
On March 23, 2012, the U.S. Fish and Wildlife Service released its “Land-Based Wind Energy Guidelines.” The new voluntary Guidelines provide a tiered, scientific process for addressing potential wildlife impacts…more
In a closely-watched case, the U.S. Supreme Court on March 21 told the Environmental Protection Agency (“EPA”) to stop “strong-arming . . . regulated parties” who wish to go directly to court to contest…more
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