West Virginia’s Water and Land Rights EPA Case in U.S. Supreme Court - "West Virginia Attorney General Patrick Morrisey, who led a 26-state coalition in filing a brief in the case, said the High Court heard arguments in a...more
On March 11, 2022, the U.S. Environmental Protection Agency (“EPA”) announced it was proposing new regulations that would require certain facilities located close to navigable waters create and submit Facility Response Plans...more
The U.S. Coast Guard (USCG) recently announced that it plans to develop and propose regulations to implement the provisions of MARPOL Annex VI, Chapter 4, including various shipboard energy efficiency measures aimed at...more
Can you still build a bulkhead along the shoreline in coastal Virginia to protect your property? Well, it depends, but now the answer is more likely to be “no.”...more
On January 20, 2021, President Biden announced his administration will review regulatory actions taken between January 17, 2020 and January 20, 2021 in accordance with an Executive Order titled “Protecting Public Health and...more
In Chernaik v. Brown, the Oregon Supreme Court rejected claims by young climate activists that the public trust doctrine compelled government action to combat climate change. The lawsuit was part of a broader local and...more
On October 22, 2020, the Oregon Supreme Court rejected claims by youth climate activists seeking to expand the state’s public trust doctrine to address climate change. The court ruled that the state did not have an...more
The Insanity is Over: ‘Navigable’ Now Means ‘Navigable’ Again - "The Trump administration has now announced that the intentionally ambiguous and easily abused Waters of the United States Rule has been replaced by the new,...more
As the state with the second longest coastline (8,436 miles) and the second largest number of islands (about 4,500 that are 10 acres or larger), Florida is certain to experience significant impacts from rising sea levels due...more