News & Analysis as of September 24, 2024

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act

Mintz on 12/7/2023

When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of the United States, I predicted it was only a matter of time before we'd see another...more

Surprising to see EPA now taking steps to make it easier for states to take over the Federal Government's dredge and fill permit...

Mintz on 7/20/2023

I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more

Waters of the U.S. Rule Will Significantly Expand Federal Authority

Holland & Knight LLP on 1/20/2023

The U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) issued a final rulemaking on Jan. 18, 2023, revising the definition of "Waters of the United States" (WOTUS) within the Corps1 and...more

EPA Proposes A Section 401 “Improvement Rule” — Now That’s a Low Bar

Foley Hoag LLP - Environmental Law on 6/7/2022

Last week, EPA released its proposed “Clean Water Act Section 401 Water Quality Certification Improvement Rule”. The proposed rule would make a number of significant changes to the rule promulgated by EPA in 2020....more

Here Today, Gone Tomorrow? Supreme Court Uses Emergency Docket to Weigh-in on Section 401 Program

Brownstein Hyatt Farber Schreck on 4/18/2022

Entities seeking federal authorization for infrastructure projects that may impact waters of the United States must obtain a Section 401 certification under the Trump administration’s narrowed Section 401 certification...more

What Does the Supreme Court’s Ruling on Section 401 Mean for Residential and Commercial Developers?

Kohrman Jackson & Krantz LLP on 4/14/2022

THE CLEAN WATER ACT AND SECTION 401 - In 1948, Congress passed the Federal Water Pollution Control Act (FWPCA) as the first rendition of a law intended to address growing pollution of American waters. By 1972, increased...more

SCOTUS Temporarily Resurrects Trump-ERA Clean Water Act Rule

Robinson+Cole Environmental Law + on 4/12/2022

On April 6, 2022, by a 5-4 vote in the case of Louisiana, et. al. v. American Rivers, et. al., the Supreme Court temporarily resurrected a Trump-era rule that sought to stop the practice of many states and tribes from...more

Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread?

Mintz on 8/31/2021

News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to strike down the Trump Administration's regulation establishing the reach of the Federal...more

Trump Administration Issues “Step Two” Rule Narrowing Federal Wetland Jurisdiction

Foley & Lardner LLP on 4/24/2020

On April 21, 2020, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (USACE) published in the Federal Register the so-called “Step Two” rule revising the definition of...more

Waking the "Zombies" - Possible Changes to EPA's Longstanding Article I Administration Discretion in Rulemaking

Stinson LLP on 8/25/2019

The appointments of Supreme Court Justices Neil Gorsuch and Brett Kavanaugh have been widely expected to rein in the broad discretionary powers that Environmental Protection Agency (EPA) and other agencies have enjoyed. The...more

California Environmental Law & Policy Update - February 2019 #4

Allen Matkins on 2/25/2019

Focus - Supreme Court takes case that could limit scope of Clean Water Act - Reuters - February 19 - The U.S. Supreme Court on Tuesday agreed to hear an appeal that could resolve the question of whether the Clean...more

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

Perkins Coie on 12/18/2018

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Currents - Energy Industry Insights - September 2018 #2

Spilman Thomas & Battle, PLLC on 9/14/2018

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

What Water Rule? The EPA's Supplemental Water Rule Rollback Notice

Harris Beach PLLC on 8/8/2018

In order to solicit input on a proposed regulatory change, the Environmental Protection Agency (“EPA”) has issued a supplemental notice seeking comment for the revised “waters of the United States” rule (also known as the...more

Feeling Underwater? A Brief Look at Recent Clean Water Act Developments

Holland & Hart LLP on 2/22/2018

It is becoming increasingly difficult for the regulated community to stay abreast of state and federal environmental regulatory developments, particularly as they are decided in court. The following alert summarizes some...more

California Environmental Law & Policy Update - January 2018 #4

Allen Matkins on 1/29/2018

Focus - Supreme Court rules that WOTUS rule challenges should be heard by federal district courts - The Hill - Jan 22 The Supreme Court unanimously ruled Monday that cases litigating the validity of an Obama-era...more

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

Perkins Coie on 1/26/2018

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

Husch Blackwell LLP on 1/24/2018

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on 11/21/2017

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

Shaking Things Up – The Trump Administration, Regulatory Change, and Administrative Law: Allan Gates (Mitchell Williams) National...

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/22/2017

My law firm colleague Allan Gates undertook a webinar presentation for the National Association of Clean Water Agencies (“NACWA”) titled: - Shaking Things Up – The Trump Administration, Regulatory Change, and...more

Currents - Energy Industry Insights - September 2017#2

Spilman Thomas & Battle, PLLC on 9/16/2017

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Executive Orders Expected this Week Regarding Clean Air and Water Act Rules

Nossaman LLP on 2/23/2017

In addition to a January 20th Presidential Memorandum freezing all, not yet enacted, rules and sending them back to the agencies and Office of Management and Budget for reconsideration, and the utilization of the...more

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