[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[VIDEO] The Price of an Aging Infrastructure on the Environment
The United States Senate Environment & Public Works Committee has advanced the following legislation: Water Resources Development Act of 2024 (“WRDA2024”). The Water Resources Development Act is biennial legislation...more
Co-Author Minoah Milam The Court of Appeals of Minnesota (“Court”) addressed in a May 20th Opinion, issues arising out of a landowner’s actions to address water flow onto her property. See Plymouth v. Kristensen No....more
The U.S. Environmental Protection Agency (EPA) on Monday finalized tougher methane reporting standards that could increase the number of oil and gas companies that must pay fees for excess methane emissions....more
The Supreme Court of the United States issued two decisions on Tuesday, April 16: Rudisill v. McDonough, No. 22-888: This case concerns the interaction between two federal statutes providing up to 36 months of...more
Our latest roundup includes two large flood control projects in New Jersey, how residential REITs could benefit from higher interest rates, how the downfall of WeWork could cause expansive collateral damage, and more!...more
On July 17, 2023, the NJDEP adopted changes to its Stormwater Management (SWM) rules and Flood Hazard Area Control Act (FHACA) rules, labelled the Inland Flood Protection Rule. These changes are part of a broader initiative...more
Members of the Rangers led the First Continental Army during America’s Revolutionary War, and their “No man left behind” motto became a central fixture of U.S. military protocol. The slogan communicated the need to make sure...more
BB&K’s New Law Guidance for a Well-Informed Start to 2023 - In Part Six of our “In With the New” series, Best Best & Krieger LLP covers important new legislation related to environmental matters, housing and public...more
The United States Court of Appeals for the Seventh Circuit (Seventh Circuit) addressed in a February 13th Opinion an issue arising out of the removal of a dam that significantly reduced the river water level, adversely...more
The Arkansas Court of Appeals (Division 1)(“ACA”) addressed in a February 1st Opinion a challenge to restrictions by a private entity on the use of a lake. See The AGRED Foundation v. Friends of Lake Erling Association, No....more
The Water Resources Development Act of 2022 (“WRDA 2022”) was recently enacted into law. WRDA was enacted as a component of the National Defense Authorization Act....more
On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more
Notwithstanding its protected status as a listed species under the federal Endangered Species Act, the Southern California steelhead population is proposed for listing under the California Endangered Species Act. During a...more
The State of Hawaii has not shown up on this blog before, but last week’s dam breach and evacuations have earned it a coveted spot. On March 8, the Kaupakalua Dam in Maui overtopped, prompting evacuation orders downstream....more
Litigation arising out of Hurricane Harvey (Harvey) has been ongoing since the first lawsuit was filed within days of Harvey making landfall on August 25, 2017, inundating Houston with an unprecedented amount of rainfall and...more
The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more
In a published opinion filed December 29, 2020, the First District Court of Appeal affirmed a judgment denying a petition for writ of mandate filed by the Santa Clara Valley Water District (District) challenging waste...more
On October 13, 2020, President Trump issued the Executive Order (EO) on Modernizing America’s Water Resource Management and Water Infrastructure. The goal of the EO is to streamline the management of federal water policy and...more
Sea level rise could bring flooding to inland California - Bullet Los Angeles Times – August 17 - Sea level rise is more complicated than just waves breaking over seawalls and beaches disappearing. As the ocean moves...more
On May 19, 2020, at 5:46 p.m., a dam on the Tittabawassee River in Edenville, Michigan collapsed. The resulting floodwaters devastated the cities of Edenville and Midland and damaged or destroyed hundreds of properties....more
Swift Creek. The name evokes a clear, fast-moving mountain stream. The Swift Creek at issue, however, is hardly clear or swift for most of its length. A massive, mile-long landslide hangs at the head of its southern...more
The United States Army Corps of Engineers (“Corps”) published a February 25th Federal Register Notice that it has developed draft agency guidance entitled: Engineer Circular 1165-2-218 (“Guidance”) - See 85 Fed. Reg....more
As a coastal region confronting the impacts of climate change, South Florida must continue to advance urban resiliency and sustainability innovations through public investments, regulations, and private sector incentives that...more
As a registered federal lobbyist I’m often asked to describe my job. Some days I describe it as an advocate; other days as an educator. I’ve also been known to liken it to being a translator or cruise director, but this past...more