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Due Process › Waters of the United States

(ACOEL) | American College of Environmental...

2023 WOTUS Rule Enjoined in Texas and Idaho (Or “Here We Go Again”)

(ACOEL) | American College of Environmental... on

On March 19, 2023, a federal district court in Texas granted a preliminary injunction prohibiting the January 2023 Revised Definition of Waters of the United States (2023 WOTUS rule) promulgated by Environmental Protection...more

Brownstein Hyatt Farber Schreck

Nevada District Court Strikes Down State Engineer’s Creation of ‘Superbasin’

Brownstein Hyatt Farber Schreck on

On April 19, 2022, Clark County District Court Judge Bita Yeager issued a decision vacating the Nevada State Engineer’s (State Engineer) June 15, 2020, Order 1309. Under Order 1309, the State Engineer merged seven...more

Stoel Rives LLP

Yet Another WOTUS Rule: Will This One Float?

Stoel Rives LLP on

On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more

Seyfarth Shaw LLP

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Farella Braun + Martel LLP

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

Farella Braun + Martel LLP on

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

Foley Hoag LLP - Environmental Law

A Substantive Due Process Right to Climate Change Regulation? What’s a Lonely Apostle of Judicial Restraint To Do?

Foley Hoag LLP - Environmental Law on

Late last week, Magistrate Judge Thomas Coffin concluded that the most recent public trust case, which seeks an injunction requiring the United States to take actions to reduce atmospheric CO2 concentrations to 350 parts per...more

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