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Supreme Court Rejects EPA’s Watered-down View of Jurisdiction over Groundwater Discharges

The U.S. Supreme Court clarified that the scope of federal protection under the Clean Water Act includes any “functional equivalent” of a direct discharge to navigable waters from a point source. The Court’s decision is the...more

Alive, for Now: D.C. Circuit Restores Obama-era Risk Management Plan Amendments

On September 21, 2018, the U.S. Court of Appeals for the District of Columbia Circuit issued an expedited mandate to the U.S. Environmental Protection Agency (EPA), forcing the agency to reinstate several provisions of its...more

Stay or Go: D.C. Circuit Halts EPA’s Stay of Obama-era Risk Management Plan Amendments

On August 17, 2018, the United States Court of Appeals for the District of Columbia Circuit vacated a rule that delayed the effective date of the 2017 Risk Management Program (RMP) Rule amendments issued by the U.S....more

Lawsuit Seeking to Hold Federal Government Accountable for Climate Change Likely to Advance to Trial

A climate change lawsuit involving constitutional “issues of first impression” recently achieved a small victory as it pursues a court order directing the U.S. federal government to take actions to reduce greenhouse gas...more

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