News & Analysis as of

Injunctions Waters of the United States

Mintz

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...

Mintz on

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

Mintz

Governor Abbott says Texas isn't bound by the oldest Federal environmental law. He's about to learn what he should have learned in...

Mintz on

Law 360 is reporting on yesterday's hearing in the United States' litigation against the State of Texas to cause the removal of an unpermitted “marine barrier” placed by the State of Texas in the Rio Grande River. Putting...more

Mintz

The Clean Water Act might now have a broader reach in States that challenged EPA's and the Corps' pre-Sackett WOTUS rule than in...

Mintz on

Sam Hess of Inside EPA reports that EPA and the Corps of Engineers are going to apply their tenth, post-Sackett, attempt to define Waters of the United States only in the states and territories that aren't subject to...more

Mintz

EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now.

Mintz on

Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry groups challenging EPA's eighth attempt to determine the jurisdictional reach of the...more

Foley Hoag LLP - Environmental Law

Woe Is WOTUS, Redux

Sometimes, history repeats itself. Sometimes, that is not a good thing. After the Obama WOTUS rule was promulgated in 2015, the challenges came fast and furious, and in multiple forums. The Supreme Court, as I put it,...more

Sheppard Mullin Richter & Hampton LLP

District Courts Have Jurisdiction Over Challenges to Clean Water Rule, Supreme Court Says

The U.S. Supreme Court ruled Monday that the federal district courts can hear challenges to the U.S. Environmental Protection Agency’s and U.S. Army Corps of Engineers’ 2015 Clean Water Rule, rejecting the federal...more

WilmerHale

Administrative Procedure Act Litigation: The Changing Regulatory Landscape, the Role of Industry, and Emerging Issues

WilmerHale on

As the Trump Administration concludes its fifth month, industry is facing a changing regulatory landscape that offers both opportunities and challenges. In this period of transition, litigation under the Administrative...more

Allen Matkins

California Environmental Law & Policy Update - September 2015

Allen Matkins on

Environmental and Policy Focus - North Dakota federal court limits injunction as to “Waters of the U.S.” rule to 13 states: The Hill - Sep 4 - A federal judge today declined to extend his order enjoining application of...more

Nossaman LLP

Federal Judge Enjoins Implementation of EPA and USACE's New Clean Water Rule

Nossaman LLP on

On Thursday, August 27, 2015, the U.S. District Court for the District of North Dakota enjoined the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) from implementing the recently...more

Foley Hoag LLP - Environmental Law

Two Days, Three Decisions, One Big Mess: Welcome to Judicial Review of the Waters of the United States Rule

On Wednesday, Judge Irene Keeley of the Northern District of West Virginia held that district courts do not have jurisdiction to hear challenges to EPA’s rule defining waters of the United States, because courts of appeal...more

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