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Inland Waterways Water

Mitchell, Williams, Selig, Gates & Woodyard,...

Americas Most Endangered Rivers: American Rivers 2024 Analysis

The organization American Rivers has issued its annual list of what it describes as “America’s Most Endangered Rivers”. The organization, American Rivers, describes itself as: …championing a national...more

Foley Hoag LLP - Environmental Law

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

Nossaman LLP

UPDATE: Federal District Court Enjoins Biden Administration’s WOTUS Rule in Texas and Idaho

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UPDATE: On May 17, 2023, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers appealed the district court ruling in Texas v. EPA to the U.S. Court of Appeals for the Fifth Circuit. This appeal would...more

Verrill

Intertidal Court Victory for Property Rights, Marine Conservation, and Public Participation

Verrill on

The Maine Superior Court has dismissed all claims against five intertidal landowners represented by Verrill in Masucci v. Judy’s Moody, LLC. The landowners had been sued because they contacted Maine Marine Patrol to report...more

Clark Hill PLC

NREPA Amendment Prioritizes Unpaid Lake Level Assessments

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Unpaid lake level special assessments levied on state-owned lands pursuant to Part 307 (Inland Lake Levels) of the Natural Resources and Environmental Protection Act (NREPA) will now receive priority for payment under the...more

Foley Hoag LLP - Environmental Law

The Trump WOTUS Rule Is Vacated; Now We Know What’s Next

Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that question, at least for the...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Status of the Watershed 2019: Ozarks Water Watch Report

Ozarks Water Watch (“OWW”) issued its annual report (“Report”) summarizing water quality in the Upper White River Basin. Data from the Report is a result of volunteer efforts which is described as: . . . more than 3,400...more

Holland & Knight LLP

Legislative Outline for Rebuilding Infrastructure

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On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more

Bradley Arant Boult Cummings LLP

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Burr & Forman

Waters of the U.S.: Extension of Public Comment Period to Re-establish Historic Rule and Announcement of Public Meetings for...

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In late August, EPA and the U.S. Army Corps of Engineers announced an extension of the public comment period for a proposal to recodify a pre-existing rule defining the scope of waters of the United States. The...more

Allen Matkins

California Environmental Law & Policy Update - August 2016 #4

Allen Matkins on

Environmental and Policy Focus - Lawmakers and Governor Brown claim major victory on climate change bills - Sacramento Bee - Aug 24 - California lawmakers on Wednesday advanced a pair of bills to sustain the...more

Snell & Wilmer

As Lake Mead Dwindles, Arizona and Other Colorado River Basin States Continue to Plan for a Drier Future

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It has become a familiar refrain. For each of the past three years, the United States Bureau of Reclamation, which operates the major reservoirs on the Colorado River, has announced a new “record low” water elevation in Lake...more

K&L Gates LLP

Pennsylvania’s Act 162 Creates Alternative to Riparian Buffers for Compliance with Clean Streams Law

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In October 2014, the Pennsylvania legislature passed and the governor signed Act 162 of 2014, which amended the Clean Streams Law. Effective December 21, 2014, developers proposing an earth-disturbance activity near special...more

Pierce Atwood LLP

Water, Water everywhere …

Pierce Atwood LLP on

There were two court decisions this week regarding regulation of Maine rivers, one from the Maine Supreme Judicial Court, Watts v. BEP, and one federal, Friends of Merrymeeting Bay v. Hydro Kennebec, LLC. ...more

Miller Starr Regalia

Fifth District Upholds CEQA Exemptions For Ongoing Pre-CEQA Projects And Continued Operation of Existing Facilities To Reject...

Miller Starr Regalia on

In a July 3, 2014 published decision more notable for the practical importance of the water rights involved than the CEQA law applied, the Fifth District Court of Appeal rejected the CEQA challenges of various environmental...more

Allen Matkins

First District Court of Appeal Holds State Water Board May Restrict Beneficial Water Use by Senior Water Rights Holders, Relying...

Allen Matkins on

Most Californians are well aware of the restrictions currently being placed on water use throughout the state. The ongoing drought and dwindling water supplies in California are dramatically affecting those with rights to...more

Ballard Spahr LLP

Water Resources Legislation Could Lead to Increase of U.S. Water P3s

Ballard Spahr LLP on

President Obama recently signed into law the Water Resources and Reform Development Act of 2014 (WRRDA). The statute begins to address ways to fund the billions of dollars necessary to update the country’s drinking water...more

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