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Environmental Policies › Split of Authority

Womble Bond Dickinson

Supreme Court Shows Apparent Interest in Reviewing “Hydrologic Connection” Theory of Clean Water Act Liability

Womble Bond Dickinson on

The US Supreme Court may be poised to review two 2018 decisions in the Fourth and Ninth Circuits, both of which applied the so-called ‘hydrological connection” theory to extend jurisdiction of the Clean Water Act (“CWA”) to...more

Holland & Hart LLP

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

Holland & Knight LLP

Migratory Bird Treaty Act and the Sword of Damocles

Holland & Knight LLP on

• A U.S. Department of the Interior (DOI) legal memo has found that the Migratory Bird Treaty Act (MBTA) applies only to purposeful "take" and does not apply to otherwise lawful activities. • The memo specifically...more

Perkins Coie

California Supreme Court Redefines “Baseline” Under California Environmental Quality Act

Perkins Coie on

The California Supreme Court has both resolved a split in the appellate courts and forged new law on the baselines agencies may use to assess projects’ environmental effects under CEQA. ...more

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