The U.S. District Court for the District of Columbia on Feb. 15, 2024, issued an order vacating the U.S. Environmental Protection Agency's (EPA) approval of the state of Florida's application to assume permitting authority...more
The United States District Court for the District of Arizona (“Court”) addressed in an August 18th Order an alleged violation by the United States Environmental Protection Agency (“EPA”) of the Endangered Species Act (“ESA”)....more
The “Major Questions Doctrine” (MQD) has been the breakout star of the last two terms at the US Supreme Court. Earlier this month, the Fourth Circuit used MQD in upholding the dismissal of a nongovernmental organization’s...more
This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District Court Judge that when shrimpers use nets to catch...more
The U.S. Court of Appeals for the District of Columbia Circuit issued an opinion on June 16, 2023, speaking to several important issues in administrative law. Confronting a challenge under the Endangered Species Act (ESA),...more
The Center for Biological Diversity (“CBD”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Arizona against the United States Environmental...more
As drought worsens, regulators impose unprecedented water restrictions on California farms - Los Angeles Times – August 3 - Amid intensifying drought, the State Water Resources Control Board (SWRCB) voted on Tuesday...more
Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters. Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more
An April 15, 2020 decision by the United States District Court for the District of Montana has held that Nationwide Permit 12 (NWP 12) issued by the U.S. Army Corps of Engineers (Corps’) is unlawful. Nationwide permits...more
The Sierra Club and several other organizations (collectively “Sierra Club”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the Western District of Washington...more
Omega Protein Corporation manufactured and distributed omega-3 fish oils and fish meal products. Omega financed its operations through federal government programs under Title XI of the Merchant Marine Act of 1936....more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more
On April 11, 2017, the United States District Court for the District of Oregon ruled on parties’ objections to a federal magistrate judge’s findings and recommendations in a case challenging the U.S. Environmental Protection...more
Ninth Circuit Finds “Threatened” Designation For Bearded Seals Proper Based On New Long-Term Projections - Alaska Oil and Gas Ass’n et al. v. Pritzker et al., 840 F.3d 671, 2016 U.S. App. LEXIS 19084 (9th Cir. 2016)....more
On November 1, 2016, the U.S. Environmental Protection Agency (EPA) published its Final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit for Point Source Discharges from the Application of...more
On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more
On May 12, 2014, the U.S. Fish and Wildlife Service (“FWS”) and the National Marine Fisheries Service (collectively, the “Services”) issued notices of proposed rules and a proposed policy related to the designation of...more
On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and...more