News & Analysis as of

Chevron Clean Water Act

Mintz

Not so hard cases can also make bad law -- Deference to Agencies takes a hit in the Texas Waters of the United States Case

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Sam Hess of Inside EPA points out that Judge Brown of Texas concluded that the United States Supreme Court's nearly forty year old precedent compelling the Judiciary to defer to Executive Branch interpretations of laws it is...more

Flaster Greenberg PC

Marcellus Shale Update: The Marcellus Shale Region: 2019 Year in Review

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2019 was the year in which reality smacked the Marcellus Shale Basin in the face. Long held assumptions about asset valuation and infrastructure development fell apart. By year’s end, some of the most famous names in the...more

Dorsey & Whitney LLP

EPA Proposes to Update Clean Water Act Section 401 Regulations

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On August 9, 2019, the Environmental Protection Agency (EPA) proposed to update its regulations implementing Section 401 of the Clean Water Act (CWA).  Section 401 allow state and tribal regulators to “veto” a federal permit...more

Allen Matkins

California Environmental Law and Policy Update - July 2017 #4

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Environmental and Policy Focus - California Supreme Court ruling bolsters bullet train foes - ABC News - Jul 27 - Federal law does not completely preempt application of California’s strict environmental...more

Nossaman LLP

Ninth Circuit Rules Approval of Oil Spill Response Plans is Non-Discretionary

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On June 11, 2015, the U.S. Court of Appeals for the Ninth Circuit upheld the Bureau of Safety and Environmental Enforcement’s (Bureau) approval of oil spill response plans (OSRPs) relating to oil leases in the Beaufort and...more

Allen Matkins

California Environmental Law and Policy Update - July 2014 #2

Allen Matkins on

Environmental and Policy Focus: House holds hearing on proposed ‘Waters of the United States’ rule - Association of California Water Agencies - Jul 9: The House Science, Space, and Technology Committee held a hearing...more

Foley Hoag LLP - Environmental Law

When is the Meaning of a Statute Sufficiently Plain? The D.C. Circuit Restores EPA Authority to Withdraw Approval of Section 404...

In a decision on Tuesday that must have sent shivers down the spine of every coal company executive, the D.C. Circuit Court of Appeals restored EPA’s authority to withdraw the specification of streams for the disposal of...more

Holland & Knight LLP

Court Holds for First Time That EPA Cannot Regulate Stormwater as a Pollutant under Clean Water Act

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In a significant ruling issued on January 3, 2013, a federal court held for the first time that the Environmental Protection Agency (EPA) cannot regulate stormwater as a "pollutant" under the Clean Water Act....more

Foley Hoag LLP - Environmental Law

EPA’s Authority to Set TMDLs Is Limited: Be Careful What You Wish For

Last week, in Virginia Department of Transportation v. EPA, Judge Liam O’Grady struck down EPA’s attempt to set a TMDL for the Accotink Creek in Virginia based on the rate of total stormwater discharge to the Creek, rather...more

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