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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the U.S. Army Corps of Engineers (“Corps”) entered into a January 23rd Consent Administrative Order (“CAO”) addressing alleged...more
The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 25th Consent Administrative Order (“CAO”)...more
A United States District Court (E.D. California)(“Court”) addressed in a June 12th Memorandum and Order (“Memorandum”) an argument that certain claims for nuisance and trespass from federal common law were not ripe. See Buena...more
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Wednesday published a final rule defining “Waters of the United States,” or WOTUS, which determines the extent of federal regulatory authority...more
The Water Resources Development Act of 2022 (“WRDA 2022”) was recently enacted into law. WRDA was enacted as a component of the National Defense Authorization Act....more
On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (Memphis District) (“Corps”) entered into a January 24th Consent Administrative Order...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a Consent Administrative Order (“CAO”) addressing alleged...more
On November 18, 2021, EPA and the Department of the Army released their anticipated proposed revision to the definition of “waters of the United States” (WOTUS) – which phrase governs the geographic reach of the Clean Water...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the United States Army Corps of Engineers (“Corps”) entered into a September 15th Consent Administrative Order (“CAO”)...more
Federal court blocks Interior Department’s relaxation of migratory bird safeguards - U.S. News & World Report – August 12 - The U.S. District Court for the Southern District of New York this Tuesday struck down a U.S....more
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
It’s well-known that the Trump administration has sought policies of deregulation over the past several years. The administration places emphasis on proper enforcement of existing rules and regulations as a means of achieving...more
In the latest decision in the long-running legal saga over the proposed Newhall Ranch development in Los Angeles County, the U.S. Court of Appeals for the Ninth Circuit upheld the Army Corps of Engineers’ EIS and Section 404...more
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
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more
As Congress works to complete a Water Resources Development Act for 2016 (“WRDA 2016”) before the summer Congressional recess, stakeholders with an interest in U.S. Army Corps of Engineers (“USACE”) civil works projects,...more
House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia's entire House of Representatives delegation re-introduced a bill that is intended "to stop...more