News & Analysis as of

Farms Clean Water Act

Kilpatrick

Clean Water Act Citizen Suits – A Postscript – U.S. Supreme Court Denies Certiorari in Fourth Circuit Case.

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In March 2023, Kilpatrick Townsend reported on a number of Clean Water Act (CWA) citizen suit actions including Dakota Finance LLC d/b/a Arabella Farm v. Naturaland Trust (Arabella Farms). Arabella Farms addressed the issue...more

Allen Matkins

California Environmental Law & Policy Update-1.27.23 #4

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The fossil fuel industry is asking the U.S. Supreme Court to resolve a legal battle over hydraulic fracturing off the California coast — a fight companies say carries “enormous practical and legal significance.”...more

(ACOEL) | American College of Environmental...

A Win For The Chesapeake Bay

The Chesapeake Legal Alliance recently won a notable victory for the Assateague Coastal Trust in a successful challenge to the Maryland Department of Environmental Protection’s issuance of a state NPDES general permit for...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404/Clean Water Act: U.S. Army Corps of Engineers (Little Rock District) Public Notices Faulkner County, Arkansas...

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a November 6th Public Notice (“Notice”) regarding a Section 404 Clean Water Act application by Schaefers Brothers Farm. The application...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Ohio Transfer Request/Concentrated Animal Feeding Operations: U.S. Environmental Protection Agency Office of Inspector General...

The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a May 15th report titled: EPA Region 5 Needs to Act on Transfer Request and Petition Regarding Ohio’s Concentrated Animal...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - April 2019 #4

Judge Delivers Major Setback to Trump Policy to Increase Coal Mining on Federal Land - "But the court ruling does say that the 2017 Trump administration policy, enacted by former Interior Secretary Ryan Zinke, to overturn...more

Mitchell, Williams, Selig, Gates & Woodyard,...

When Worlds Collide - Conservation, Environment and the 2018 Farm Bill: Laurie Peterson (U.S. Department of Agriculture) Arkansas...

Ms. Laurie Peterson undertook a presentation at the November 13th joint Arkansas Bar Association Environmental/Agricultural Law Committee meeting in Little Rock, Arkansas, titled: When Worlds Collide – Conservation,...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - December 2017

WV DEP Waives Clean Water Act Authority Over Atlantic Coast Pipeline - "The West Virginia Department of Environmental Protection waived the state's authority under the federal Clean Water Act to determine if another major...more

Allen Matkins

California Environmental Law & Policy Update - April 2016

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Environmental and Policy Focus - Justices suggest support for landowners in wetlands case - Bloomberg - Mar 30 - U.S. Supreme Court justices across the ideological spectrum signaled in oral argument this week...more

Snell & Wilmer

Homebuilders Welcome Recent Court Decisions

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Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Brownstein Hyatt Farber Schreck

Waters of the United States Are Not What You’d Expect

The U.S. Environmental Protection Agency and Army Corps of Engineers’ new rule defining “waters of the United States” covered by the Clean Water Act (“CWA”) provides a good example of what can happen when a simple term gets...more

Williams Mullen

Environmental Notes - July 2015

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Clean Water Rule Opens Litigation Floodgates - With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected...more

K&L Gates LLP

EPA’s Chesapeake Bay TMDL Survives Legal Challenge: Stricter Water Quality Regulation of Farms, Municipalities, Industry, and...

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On July 6, 2015, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously rejected a challenge brought by agricultural and builder groups to the U.S. Environmental Protection Agency’s Chesapeake Bay...more

Dorsey & Whitney LLP

EPA and Corps Final Clean Water Rule’s Potential Impacts on Farming

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The Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) published a final rule on May 27, 2015, that purports to clarify the definition of “waters of the United States” under the Clean Water Act...more

Allen Matkins

California Environmental Law & Policy Update - May 2015 #5

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Environmental and Policy Focus: EPA and U.S. Army Corps of Engineers approve new definition of "waters of the United States" - Allen Matkins - May 27: The U.S. EPA and the U.S. Army Corps of Engineers announced on May...more

Williams Mullen

Farms and the Water Resources Reform and Development Act (WRRDA)

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Pursuant to the Clean Water Act’s Oil Spill Pollution, Prevention, Control and Countermeasures Rule (SPCC Rule), farmers and other oil storage and handling facilities are required to have an SPCC Plan to prevent oil spills...more

Beveridge & Diamond PC

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

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Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

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