On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more
12/10/2020
/ Appeals ,
Clean Water Act ,
Comment Period ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
NPDES ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On July 6, 2020, the U.S. Supreme Court granted in part and denied in part the U.S. Army Corps of Engineers’ application for stay of the order issued by the U.S. District Court of Montana....more
7/9/2020
/ Appeals ,
Article III ,
Clean Water Act ,
Constitutional Challenges ,
Emergency Orders ,
Endangered Species Act (ESA) ,
Injunctions ,
Irreparable Harm ,
Motion To Stay ,
Nationwide Permits (NWPs) ,
NEPA ,
Pipelines ,
SCOTUS
Bricker attorneys Frank Merrill and Christine Rideout Schirra will be presenting 'Environmental Permitting Appeals and Pipeline Construction: Are the circuit courts the new environmental review courts?' for the Institute of...more
6/10/2020
/ Administrative Orders ,
Administrative Review ,
Appeals ,
Continuing Legal Education ,
Energy Projects ,
Energy Sector ,
Environmental Litigation ,
Environmental Review ,
Exclusive Jurisdiction ,
Judicial Review ,
Land-Use Permits ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Original Jurisdiction ,
Pipelines ,
State Administrative Agencies ,
Webinars
In a 6-3 opinion issued on April 23, 2020, the U.S. Supreme Court ruled that the Clean Water Act regulates activities that release pollutants that are eventually conveyed through groundwater to navigable water. The ruling is...more
4/29/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
On June 26, 2019, the U.S. Supreme Court issued a decision in Kisor v. Wilkie, and the result is a mixed bag for companies subject to federal regulation. While the Court declined to overrule Auerdeference — the doctrine...more
7/1/2019
/ Administrative Agencies ,
Ambiguous ,
Appeals ,
Auer Deference ,
Kisor v Wilkie ,
Reasonable Interpretations ,
Remand ,
SCOTUS ,
Stare Decisis ,
Vacated ,
Veterans' Benefits