Latest Publications


Sixth Circuit Holds That Prolonged Permitting Processes Are Not A Final Action Warranting Judicial Review

On March 20, the U.S. Court of Appeals for the Sixth Circuit decided the case of Marquette County Road Commission v. U.S. EPA, et al. The opinion will not be published in the Federal Reporter. Both the trial court and the...more

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Ninth Circuit Discusses “Point Sources” Under The CWA

On Friday, March 9, the U.S. Court of Appeals for the Ninth Circuit issued another significant ruling in a Clean Water Act (CWA) Citizen Suit case. Affirming the District Court, the Ninth Circuit held “pipes, ditches, and...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

Global Warming Public Nuisance Actions Will Stay In Federal Court

On February 27, the U.S. District Court for the Northern District of California rejected motions filed by the cities of Oakland and San Francisco to remand two global warming public nuisance lawsuits filed by the cities in...more

District Court Inclined To Dismiss Action Challenging EO 13771

On February 26, the U.S. District Court for the District of Columbia dismissed, for lack of jurisdiction, a challenge to the President’s Executive Order 13771, and two guidance documents issued by the Office of Management and...more

Brief Report On RCRA Developments

Here’s a brief report on recent Resource Conservation and Recovery Act (RCRA) developments: 1. On February 26, the Environmental Protection Agency published a Federal Register notice informing the public that it will...more

3/8/2018  /  EPA , Hazardous Waste , OMB , RCRA , Recycling

Water District’s VOC Claims Time Barred

On March 2, the U.S. Court of Appeals decided the case of Bethpage Water Dist. v. Northrop Grumman Corp., and affirmed the lower court’s dismissal on New York statute of limitations grounds, the Bethpage Water District’s...more

Preliminary Injunction Issued Stalling Oil Pipeline Construction in Atchafalaya Basin

On February 27, the U.S. District Court for the Middle District of Louisiana granted a motion for a preliminary injunction filed by a group of environmental plaintiffs seeking to halt the construction of an oil pipeline in...more

Tenth Circuit Considers Federal 5-Year SOL: Does It Involve Separately Accruing Causes of Action Or A Continuing Violation

On March 5, the U.S. Court of Appeals for the Tenth Circuit issued a ruling that the general federal five-year statute of limitations which is applicable to the enforcement of any civil fines, penalties or forfeitures (28...more

Ninth Circuit Denies Without Prejudice, Government’s Mandamus Petition to Stop the Oregon Climate Change Case Brought by Minors

Today the U.S. Court of Appeals for the Ninth Circuit issued its opinion in In re United States of America. As summarized by the Ninth Circuit, “twenty one young plaintiffs” filed a complaint in the Portland, OR federal...more

NJ Appeals Court Affirms Approval of Controversial Spills Act Settlement

On February 12, the Appellate Division of the Superior Court of New Jersey issued its ruling in the case of the New Jersey Department of Environmental Protection v. Exxon Mobil Corporation. The appeals court affirmed the...more

Fifth Circuit Upholds $81M Penalty for Wastewater Spillage

On February 14, the U.S. Court of Appeals for the Fifth Circuit filed an unpublished opinion in the case of U.S. v. CITGO Petroleum Corporation, upholding the ruling of the U.S. District Court for the Western District of...more

2/23/2018  /  Citgo , Clean Water Act , Wastewater

U.S. Army Corps of Engineers: Propose Beneficial Uses for Dredged Materials

Section 1122 of the Water Resources Development Act of 2016 directs the Secretary of the Army, no later than 90 days after the enactment of this law (which took place on December 16, 2016), to establish a pilot program to...more

Administration Issues “Legislative Outline for Rebuilding Infrastructure in America”

Recently, the Trump Administration released a 53-page Legislative Outline for Rebuilding Infrastructure in America of legislative proposals to rebuild American infrastructure, which it defines as surface transportation,...more

CRS Publishes Climate Change-Related Report

On February 1, the Congressional Research Service published a report entitled Evolving Assessments of Human and Natural Contributions to Climate Change. The report traces evolution of scientific understanding and confidence...more

Ninth Circuit Directs District Court to Decide Whether California Wage and Hour Law Applies to Offshore Oil and Gas Platform...

On February 5, the U.S. Court of Appeals for the Ninth Circuit decided an interesting Outer Continental Shelf Lands Act (OCSLA) case, Newton v. Parker Drilling Management Services, Ltd. The Ninth Circuit reversed the Central...more

EPA And Corps Published New Rule Establishing February 5, 2020 “Applicability Date” For 2015 Rule

On February 6, the new rule promulgated by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers which establishes an “applicability date” for the 2015 Rule redefining the regulatory definition of “Waters...more

An En Banc Panel of the DC Circuit Court of Appeals Upholds the Constitutionality of the CFPB

On October 11, 2016, a panel of the U.S. Court of Appeals for the District of Columbia consisting of Judges Henderson and Kavanaugh and Senior Circuit Judge Randolph decided the case of PHH Corp. v. Consumer Financial...more

New Ninth Circuit CWA Citizen Suit Decision On Indirect Discharges Into Navigable Waters Through Municipal Wastewater Effluent...

In the case of Hawaii Wildlife Fund, et al., v. County of Maui, decided on February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed the decision of the U.S. District Court for Hawaii that the County of...more

EPA Will Publish a Final Rule Adding an “Applicability Date” to the June 2015 Redefinition of “Waters of the United States”

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have released a pre-publication copy of a Final Rule that was proposed on November 22, 2017 and which will soon be published in the...more

Fifth Circuit Declines To Overrule Civilian Board of Contract Appeals’ Denial Of FEMA Relief To Louisiana

On January 29, the U.S. Court of Appeals for the Fifth Circuit, in an interesting unpublished ruling, affirmed the District Court’s denial of a motion to vacate an arbitration order of the Civilian Board of Contract Appeals...more

Tenth Circuit Lifts Abatement after SCOTUS’ NAM “Waters of the United States” Decision

On January 29, the U.S. Court of Appeals for the Tenth Circuit became the latest federal Court of Appeals to issue a ruling reviving federal District Court challenges to the 2015 Environmental Protection Agency’s (EPA)/U.S....more

First Circuit Concludes That EPA Did Not Fail To Perform Nondiscretionary Duties In Connection With TMDLs

On January 24, the U.S. Court of Appeals for the First Circuit decided the case of Conservation Law Foundation, Inc., v. Pruitt. The Pruitt case involves a consolidated appeal from the decisions of the U.S. District Courts in...more

In the Wake of the NAM Decision, Eleventh Circuit Dismisses WOTUS Rule-Related Appeal

On January 24, the U.S. Court of Appeals for the Eleventh Circuit dismissed an appeal of a decision by the U.S. District Court for the Southern District of Georgia that denied a preliminary injunction that would have enjoined...more

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