News & Analysis as of

Wetlands

Ninth Circuit Confirms That Defendant Had Fair Warning That His Conduct Violated The CWA

On November 27. the U.S. Court of Appeals for the Ninth Circuit decided an important Clean Water Act (CWA) jurisdictional case, United States. The Ninth Circuit unanimously affirmed the defendant’s criminal convictions for...more

Significant Nexus Lives! (For Now, In the 9th Circuit)

On November 27, 2017, the 9th Circuit affirmed the conviction of a Joseph Robertson, Montana man who: “discharged dredged and fill material into the surrounding wetlands and an adjacent tributary, which flows to Cataract...more

Currents - Energy Industry Insights - November 2017 #2

Wheeling Resident David Zatezalo Confirmed to Lead MSHA - "In a strict party-line vote, the U.S. Senate confirmed Wheeling resident David Zatezalo to lead the federal Mine Safety and Health Administration. The vote to...more

Waters of the United States/Proposed Recodification of Pre-Existing Rules: Arkansas Commenters

Thousands of comments have been submitted in regards to the United States Environmental Protection Agency and United States Army Corps of Engineers (collectively “Agencies”) July 27th, 2017 proposed rule titled: Waters...more

Hydropower Policy Modernization Act of 2017 (H.R. 3043): State Organizations' October 5th Letter in Opposition

Three organizations of state environmental officials authored an October 5th letter to Speaker of the United States House of Representatives Paul Ryan and Minority Leader Nancy Pelosi expressing concern with provisions of...more

Conservation Commission Retains Authority to Regulate under Stricter Local Law Despite MassDEP Superseding Order of Conditions

by Beveridge & Diamond PC on

The Massachusetts Appeals Court recently held that a Superseding Order of Conditions issued by the MassDEP under the Wetlands Protection Act (WPA) does not divest a municipal Conservation Commission from all authority to...more

Wetland Mitigation Banks: Louisiana Appellate Court Addresses Whether Public Bid Law Applies to the Sale of Credits

The Court of Appeal of Louisiana (“Court”) was asked to consider whether the Louisiana public bid law applied to the sale of wetland mitigation bank credits. See Zachary Mitigation Area, LLC v. Tangipahoa Parish Council, 2017...more

Clean Water Act Jurisdiction/Waters of the United States: Federal Appellate Court Addresses Wetland Adjacency Exemption

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an August 30th opinion an exception to the United States Corps of Engineers (“Corps”) regulations defining the term Waters of the United States...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

404/Wetland Enforcement: U.S. Environmental Protection Agency and Residential Developer Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and D.R. Horton, Inc., (“DRHI”) entered into an August 17th Consent Agreement and Final Order (“CA”) addressing alleged violations of Section 404 of the Clean Water...more

EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder...more

Developers and businesses take note: as the feds roll back wetland regulation, California is stepping in

by DLA Piper on

Land developers, commercial property owners and industrial entities should closely watch the major shifts in the ways significant wetland habitats are regulated, as the Trump Administration strips away relevant federal...more

California Attempts to Fill the Clean Water Act Breach - State Water Board Issues Revised Rule for Definition of Wetlands and...

by Holland & Knight LLP on

Although the federal government under the Trump Administration is stepping back from regulations under the Clean Water Act (CWA) – see President Donald Trump's Executive Orderand proposed federal rule – the state of...more

Advanced Approaches to Stormwater Runoff Management Through Green Infrastructure

by Sullivan & Worcester on

Green infrastructure refers to, among other things, the utilization of sustainable forestry and agriculture as elements of a cost-effective compliance strategy for meeting the National Pollutant Discharge Elimination System...more

Considerations for Participants in the Expanding Market for Compensatory Mitigation Credits

by Sullivan & Worcester on

In a recent blog post, we described the basic statutory and regulatory framework supporting the increasing popularity of mitigation banking. In this update, we offer some additional observations for property owners and other...more

California Proposes New Permitting Procedures for Impacts to Wetlands and Waters of the State

On July 21, 2017, the California State Water Resources Control Board (State Board) published its latest proposal for new permitting procedures that would apply to waters of the State, including wetlands. The proposal – which...more

Tennessee Urges EPA to Adopt the "Tennessee Plan" to Define WOTUS

by Burr & Forman on

The commissioners of the Tennessee Department of Environment and Conservation (TDEC) and the Tennessee Department of Agriculture (TDA) recently responded to EPA Administrator Scott Pruitt’s request to States for comments...more

Monetizing Vacant Land Through Mitigation Banking

by Sullivan & Worcester on

A mitigation bank is a wetland, stream, or other habitat area that has been restored, established, enhanced, or (in certain circumstances) preserved for the purpose of providing compensation for unavoidable impacts to such...more

California Environmental Law & Policy Update - June 2017

by Allen Matkins on

Environmental and Policy Focus - Defying Trump, California forms climate alliance with two states - San Francisco Chronicle - Jun 1 - Moving quickly to fill a climate leadership vacuum opened by President Trump,...more

Court of Appeal Upholds Issuance of Erosion-Control Permit as Ministerial and Exempt from CEQA

by Holland & Knight LLP on

In Sierra Club et al. v. County of Sonoma et al. (2017 WL 1422533), the California First District Court of Appeal held that the issuance of an erosion-control permit by the Agricultural Commissioner of Sonoma County...more

Beware The Restrictive Covenant

by Farrell Fritz, P.C. on

Also known as negative easements, restrictive covenants can wreak havoc on the ability to develop property. Recently, in our real estate practice at Farrell Fritz, we have seen two alarming examples....more

ET Rover Suffers Two Spills in Ohio

by Clark Hill PLC on

During the course of constructing its new pipeline, ET Rover suffered two spills releasing 2 million gallons of drilling fluid into wetlands in Ohio. The landscape of America is crisscrossed by millions of linear feet of...more

Local Officials Entitled to Qualified Immunity For “No Contact” Email

On April 4, the U.S. Court of Appeals for the Third Circuit decided the case of Mirabella v. Villard, et al., a civil rights case brought under 42 U.S.C. § 1983, alleging, inter alia, violations of their First Amendment...more

The Executive Order on the WOTUS Rule: Will It Really Reduce Regulatory Uncertainty?

March 2nd, 2017, President Trump issued another executive order on the environment, this time directing EPA to revisit the EPA rule defining Waters of the United States under the Clean Water Act. It’s a curious order, for a...more

US Army Corps of Engineers Updates Five-Year Nationwide Permits – USACE Generally Declines to Apply More Rigorous Limits, but...

by King & Spalding on

On January 6, 2017, the U.S. Army Corps of Engineers (USACE) reissued 52 nationwide permits (NWPs) and issued two new NWPs, along with general conditions and definitions. NWPs are a type of general permit authorized under...more

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