Administrative Procedure Act Environmental Protection Agency

News & Analysis as of

District Court Enjoins Federal Regulations Revising Scope of Clean Water Act Jurisdiction

North Dakota v. U.S. Environmental Protection Agency, No. 3:15-cv-00059 (D.N.D. Aug. 27, 2015) - A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to...more

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

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

Federal Judge Puts Freeze on EPA’s Clean Water Act Rulemaking: Preliminary Injunction Halts Implementation of 'Waters of U.S.'...

In May of this year the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) issued the much-anticipated Waters of the United States rule (the “Rule”). The Rule redefines and expands...more

How Does The New Clean Water Rule Impact Your Business?

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types...more

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

District Court Issues Order Allowing Plaintiffs in Case Seeking Review of Neonicotinoid Pesticides under the ESA to Utilize Extra...

On June 12, 2015, Federal District Judge Maxine Chesney issued a decision in Ellis v. Housenger (N.D. Cal.) allowing the plaintiffs to utilize expert declarations and exhibits that were not included in the certified...more

Supreme Court Asked to Allow Immediate Judicial Review of Clean Water Act Jurisdictional Determinations

A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of...more

Washington State District Court Holds Claims Brought Under Citizen Suit Provision Of The Endangered Species Act Are Not Limited To...

In Northwest Coalition for Alternatives to Pesticides v. U.S. Environmental Protection Agency, 2013 U.S. Dist. LEXIS 11955, *1 (Jan. 28, 2013), the United States District Court for the Western District of Washington held that...more

Independent Natural Gas Producers Challenge EPA Air Rules

On October 15, 2012, Spilman Thomas & Battle, PLLC filed suit in the D.C. Circuit Court of Appeals on behalf of the Independent Petroleum Association of America (“IPAA”) and six other state-level oil and gas associations (PA,...more

Judge Dismisses Attorney General’s “Fracking” Suit Over the Delaware River Basin

U.S. District Judge Nicholas G. Garaufis recently dismissed a lawsuit brought by New York Attorney General Eric T. Schneiderman against the Delaware River Basin Commission (“DRBC”), EPA, and other federal agencies seeking to...more

Sackett v. Environmental Protection Agency

SCOTUS Opinion in Sackett v. EPA

Full text copy of the Supreme Court's unanimous decision in Sackett v. EPA, allowing landowners judicial review when faced with compliance orders from EPA regarding violations of the Clean Water Act....more

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