On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
CCUS: Understanding The Class VI Permitting Process
Federal Contracting Overseas: Insider Tips for Ensuring Compliance with Host Country Laws
On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
Wiley Webinar: Biotech Briefings – U.S. Department of Agriculture – Plant Pests and Importation Part 330
Jones Day Talks: Developments in Germany's Wind Power Regulations
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
How Trump's Infrastructure Plan Impacts the Energy Industry
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Do you know the restrictions for a probationary driver in New Jersey?
California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Omni Home Builders at Diamondhead Resort Community, LLC (“Omni”) entered into a may 24th Consent Administrative Order (“CAO”)...more
The United States Court of Appeals for the Ninth Circuit (“Court”) addressed in a September 21st opinion whether language in a prior Congressional Act required the United States Army Corps of Engineers (“Corps”) to continue...more
The United States Court of Appeals for the Eighth Circuit (“Court”) affirmed a lower court ruling addressing challenges to Clean Water Act nationwide permits granted to Meryln Drake by the United States Corps of Engineers...more
United States Environmental Protection Agency (“EPA”) Administrator E. Scott Pruitt issued a March 30th memorandum titled: Revision to Delegation of Authority 2-43, Section 404 Dredged and Fill Material Permitting...more
In an important procedural decision, a unanimous United States Supreme Court ruled that challenges to the 2015 Obama-era rule re-defining Waters of the United States (WOTUS) under the Clean Water Act were properly before...more
On May 31, 2016, the United States Supreme Court issued its decision in United States Army Corps of Engineers v. Hawkes Co., Inc. holding that approved judicial determinations as to the presence of wetlands issued by the...more
The United States Supreme Court handed landowners and developers a win this month in a unanimous decision allowing appeals to federal courts of Army Corps of Engineers determinations that a body of water or wetland is subject...more
On May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., the US Supreme Court unanimously held that a U.S. Army Corps of Engineers’ (Corps) approved jurisdictional determination (JD) is a final agency action...more
Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more
Seyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately...more
Introduction - On Tuesday, the U.S. Supreme Court issued an important decision that continues a trend of judicial skepticism toward federal agency efforts to avoid judicial review of agency permitting and related...more
Decision allows landowners to challenge in court a US Army Corps of Engineers’ determination that a property is subject to regulation under the Clean Water Act....more
The Supreme Court of the United States ruled on May 31, 2016, in United States Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290, slip op., 578 U.S. ___ (2016) that approved jurisdictional determinations (JDs) issued by...more
U.S. Army Corps of Engineers v. Hawkes Co., Inc., No. 15-290 (May 31, 2016) - Why It Matters: The U.S. Supreme Court unanimously concluded that property owners who are required to obtain Clean Water Act (CWA) Section 404...more
The U.S. Supreme Court ruled on May 31, 2016 that an approved jurisdictional determination issued by the U.S. Army Corps of Engineers under the Clean Water Act is a final agency action subject to judicial review. Hawkes Co.,...more
On May 31, 2016, the U.S. Supreme Court issued an eagerly anticipated decision that will benefit landowners and developers by authorizing immediate judicial review of Approved Jurisdictional Determinations (JDs) issued by the...more
U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more
In the Odyssey, Homer told of the inescapable sailing hazards that confronted Odysseus: the six-headed sea monster, Scylla, on one side of a strait and a whirlpool, Charybdis, on the other. Odysseus chose to avoid losing all...more