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EPA's explanation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including...

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not yet regulating the presence of PFAS in sewage sludge. The plaintiffs in that litigation...more

Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case...

This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of Appeals decision. That DC Circuit decision revoked the Surface Transportation Board's...more

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the...

Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an injunction against EPA's and the Corps of Engineers' most recent Waters of the United...more

A Louisiana Judge may strike down another EPA Clean Water Act regulation and the Supreme Court would likely see it the same way.

Several “red” states and three energy industry NGOs have filed a motion for summary judgment in their Louisiana Federal Court challenge to EPA's 2023 rule regarding the state water quality certifications required under...more

Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to...

As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years.  Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more

Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites.

EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is worthy of your attention too. The press release announces a settlement between a solar...more

EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco

This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split Ninth Circuit decision upholding an EPA NPDES permit issued to the City and County...more

EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't...

We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and the Army Corps of Engineers for the past 40 years, the Clean Water Act protects only...more

Tony Bennett may have left his heart in San Francisco but the City's appeal of its NPDES permit is on its way to the United States...

Juan-Carlos Rodriguez is reporting on DOJ's and EPA's brief arguing that the Supreme Court should leave alone a split Ninth Circuit decision upholding a NPDES permit condition prohibiting the permittee, the City and County of...more

The Sacketts' lawyers have a new client and it seems like a visit to the Supreme Court is in their future!

Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean Water Act, the Agencies said that regulation involved no exercise of discretion because it...more

The City and County of San Francisco are about to deliver EPA & the Ninth Circuit their 3rd consecutive Clean Water Act defeat in...

The United States Supreme Court isn't done with the Clean Water Act and EPA's interpretation of it. This month the City and County of San Francisco asked the nation's highest court to overturn a split Ninth Circuit Court of...more

The Judge's decision vacating EPA's approval of Florida's "dredge and fill" permit authority has serious implications for our...

Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee Riverkeeper, alleges that PFAS are being discharged from a former Lebanon, Tennessee...more

The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next?

Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the continuing use of the firing range at the Naval Surface Warfare Center Dahlgren on the...more

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges...

Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more

An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean...

Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of those 2000 acres are wetlands subject to Federal Clean Water Act jurisdiction for over...more

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation...

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has invoked its rarely used Residual Designation Authority under section 402 of the Clean Water...more

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the...

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the “functional equivalent” of a discharge to a Water of the United States requiring a NPDES permit...more

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What...

When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only question remaining was how many of the States and NGOs who challenged EPA's and the...more

These NGOs shouldn't be allowed to second guess what Congress & the President say is in our interests in the face of our climate...

Law 360 is reporting this morning on an NGO petition to the Army Corps of Engineers demanding that it not apply a Nationwide Permit covering the construction of "pipelines that transport water, sewage, and ‘other substances’”...more

This never-ending NIMBY challenge to the Vineyard Wind project illustrates that we may be winning renewable energy battles but...

Over two years ago I wrote about a lawsuit filed by a Connecticut-based solar farm developer with a summer home in Martha's Vineyard seeking to enjoin the Vineyard Wind project off the Massachusetts coast. This particular...more

Could the longest running controversy in environmental law be entering its last years?

Sam Hess of Inside EPA is reporting that Democrats in the House of Representatives and the Senate might be ready to work on legislation ending the longest running controversy in environmental law – the decades long battle...more

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA's new Section 401 Water...

EPA is publishing its final rule specifying the role of States and Tribes in the Federal licensing or permitting of activities that may result in a "discharge" into a "Water of the United States". Like EPA's recent tenth...more

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