News & Analysis as of September 18, 2024

Administrative Appeals

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

Power Plant/Clean Water Act: Citizen Groups U.S. EPA Environmental Appeals Board Challenge to NPDES Permit

Mitchell, Williams, Selig, Gates & Woodyard,... on 11/14/2019

The Sierra Club and other organizations filed a November 1st Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a Clean Water Act...more

Mixing Zone/Clean Water Act: U.S. EPA Environmental Appeals Board Addresses Challenge to Sandpoint, Idaho Wastewater Treatment...

Mitchell, Williams, Selig, Gates & Woodyard,... on 7/1/2019

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a June 13th Order Addressing a Petition filed to review a Sandpoint, Idaho wastewater treatment facility (“Facility”) Clean...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

Steptoe & Johnson PLLC on 1/23/2018

In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more

Wetlands Determinations - Uncertainty for the Clean Water Rule?

Ruder Ware on 7/7/2016

On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more

The Supreme Court Holds that Army Corps’ Jurisdictional Determinations are Final Actions Subject to Judicial Review

Jackson Walker on 6/6/2016

On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more

California Environmental Law & Policy Update - June 2016

Allen Matkins on 6/6/2016

Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more

Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Seyfarth Shaw LLP on 6/6/2016

Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more

Unanimous Supreme Court Sides With Property Owners In Clean Water Act Row

Morrison & Foerster LLP on 6/3/2016

Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more

US Supreme Court Holds US Army Corps Clean Water Act Determinations Reviewable

Morgan Lewis on 6/3/2016

Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more

Supreme Court Allows Challenges to Section 404 Jurisdictional Determinations

Manatt, Phelps & Phillips, LLP on 6/3/2016

U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more

Supreme Court Provides for Judicial Review of Army Corps Determinations

WilmerHale on 6/2/2016

On May 31, 2016, the Supreme Court of the United States held that final determinations by the U.S. Army Corps of Engineers regarding the presence or absence of “waters of the United States” can be appealed to the courts. The...more

Supreme Court Clears Path for Appeal of Clean Water Act Jurisdictional Determinations

Burr & Forman on 6/2/2016

An approved jurisdictional determination (“JD”) by the U.S. Army Corps of Engineers (“Corps”) can be appealed to Federal District Court according to a unanimous United States Supreme Court decision issued May 31, 2016, U.S....more

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

Perkins Coie on 6/2/2016

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

U.S. Supreme Court Issues Landmark Decision Authorizing Review of Wetland Jurisdictional Determinations

Farella Braun + Martel LLP on 6/2/2016

On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more

Important Wetlands Permitting News: U.S. Supreme Court Allows Pre-Permit Challenges to Approved Jurisdictional Determinations

Allen Matkins on 6/1/2016

In a major new legal development for the Clean Water Act's Section 404 wetlands permitting program, landowners can now challenge the federal government's claim that areas targeted for fill are "waters of the United States"...more

Supreme Court Holds that Jurisdictional Determinations are Subject to Review under the Administrative Procedure Act

Nossaman LLP on 6/1/2016

In U.S. Army Corps of Engineers v. Hawkes, the Supreme Court held that a Jurisdictional Determination (JD) issued by the U.S. Army Corps of Engineers that specifies whether a particular parcel of property includes waters...more

Environmental Notes - March 2016

Williams Mullen on 3/17/2016

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed

Williams Mullen on 3/17/2016

The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a particular site by issuing a “jurisdictional determination” (JD). A JD is of great significance to...more

Bypassing Scylla and Charybdis: Pre-enforcement Judicial Review of Wetlands Determinations Under the Clean Water Act

Ruder Ware on 1/11/2016

In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other. Odysseus chose to avoid losing all...more

Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial...

Seyfarth Shaw LLP on 12/18/2015

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen The Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co.,...more

U.S. Supreme Court Agrees to Decide Important Case Affecting Development in Wetlands

Farella Braun + Martel LLP on 12/18/2015

A critical part of the permitting process for many development projects is obtaining federal and state wetland permits. The key wetland authorization is usually a Section 404 permit from the U.S. Army Corps of Engineers...more

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