News & Analysis as of

Judicial Review Jurisdiction Clean Water Act

Eversheds Sutherland (US) LLP

Waters of the United States: update on recent developments

So far, 2018 has produced a wave of legal developments in the water arena, each of which could affect when permits are required or how liability may arise for activities impacting US waters. The Supreme Court of the United...more

Pillsbury - Gravel2Gavel Construction & Real...

Second Circuit Upholds Denial of CWA Certification Where Applicant Failed to Submit Requested Information

The U.S. Court of Appeals for the Second Circuit, in the case of Constitution Pipeline Company, LLC v. New York Department of Environmental Conservation, et al. (released August 18, 2017), rejected the Constitution Pipeline...more

Allen Matkins

Army Corps Jurisdictional Determinations Subject to Pre-Permit Judicial Review, Eighth Circuit Says

Allen Matkins on

EPA and Army Corps of Engineers imposition of federal Clean Water Act requirements can now be challenged in court without waiting for the agencies to bring an enforcement action, at least in the Eighth Circuit. On April 10,...more

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