Clean Water Act, EPA, Permits | JD Supra Law News

D.C. Appeals Court Says EPA May Revoke Fill Permit After It Has Been Issued

by Marc Bruner, Edgar Washburn | Perkins Coie on 5/1/2013

In addressing an important legal issue of first impression, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the U.S. Environmental Protection Agency’s “veto” authority under Section 404(c) of the...more

Appeals Court Reinstates EPA “Veto” Over Corps’ Mining-Related Permit - Mingo Logan decision creates uncertainty in Clean Water...

by Denise Pettijohn, Christopher "Kip" B. Power, Robert Stonestreet | Dinsmore & Shohl LLP on 4/29/2013

In a surprising reversal, on April 23, 2013, the U.S. Court of Appeals for the District of Columbia Circuit overturned a lower court order issued on March 23, 2012, in the case of Mingo Logan Coal Company v. U.S. Envtl. Prot....more

D.C. Circuit Holds EPA Can Invalidate a Clean Water Act Section 404 Permit After It Is Issued

by Mary Lynn Coffee, George Mannina, Paul Weiland | Nossaman LLP on 4/26/2013

In a ruling that adds to the complexity of the federal regulatory landscape, the United States Court of Appeals for the District of Columbia held that the Environmental Protection Agency ("EPA") has the authority to...more

Do We Really Have A Section 404 Permit?

by Scott Broadwell | Davis Wright Tremaine LLP on 4/25/2013

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

Supreme Court Willing to Reconsider Deference to Administrative Agencies

by Stephen Miller, Jeffrey Monhait | Cozen O'Connor on 4/24/2013

Most of the federal government's authority is exercised, on a day-to-day basis, through its administrative agencies. Central to the efficiency of those agencies — such as it is — is the judiciary's substantial deference to...more

Supreme Court Reverses 9th Circuit on Logging Roads, Deferring to EPA on Its Industrial Stormwater Rule

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 4/8/2013

On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more

EPA Issues 2013 Vessel General Permit

by Christine Jochim Boote, Barry Hartman, Stefanos Roulakis | K&L Gates LLP on 4/2/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

Logging Roads Get A Pass – At Least For Now

by David Ubaldi | Davis Wright Tremaine LLP on 3/22/2013

Yesterday, in a 7-1 decision with Justice Scalia the lone dissenter, the U.S. Supreme Court handed a major victory to the forest products industry. As it does so often, the Court reversed a Ninth Circuit ruling that had...more

The Supreme Court Reverses the 9th Circuit and Reaffirms Its Earlier Interpretation of ‘Discharge’ Under the Clean Water Act

by Anthony Cavender, Wayne Whitlock, Tamara Zakim | Pillsbury Winthrop Shaw Pittman LLP on 1/29/2013

On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more

California Environmental Law and Policy Update - January 10, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 1/11/2013

In This Issue: Environmental and Policy Focus - Supreme Court rejects Ninth Circuit ruling on County of L.A. storm water discharges; Federal judge halts major Lake Tahoe ski resort expansion; Lawsuit seeks to stop Rose...more

Michigan Farmers Concerned About Wetland Use Permit Changes

by Aaron M. Phelps | Varnum LLP on 12/21/2012

Michigan farmers have been exempt from seeking permits for various activities since the 1980s, including performing drain maintenance within a private agricultural drain. They have also been allowed to "construct new...more

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Clean Water Act › EPA › Permits