News & Analysis as of


Arkansas Environmental Federation Water Seminar: Little Rock, Arkansas – April 18th

The Arkansas Environmental Federation (“AEF”) will hold its annual Water Seminar on April 18th. The seminar will be held in Little Rock, Arkansas, at the Holiday Inn – Airport....more

The Reasonable Probability Increment Continues to Boost Just Compensation For Wetlands Condemnation in Galarza v. City of New York

by Farrell Fritz, P.C. on

Early this year, the Supreme Court of New York, Richmond County issued a comprehensive opinion in Galarza v. City of New York, 58 Misc.3d 1210(A), reaffirming and clarifying the nuances of condemnation, takings and just...more

Sixth Circuit Vacates Nationwide WOTUS Rule Injunction

by Steptoe & Johnson PLLC on

As anticipated, the 6th Circuit Court of Appeals took the formal action of vacating its temporary injunction which had enjoined the enforcement of the Obama-era rule which redefined Waters of the United States (WOTUS)...more

Recent Court Decision and EPA/Corps Actions Affect Fate of Clean Water Rule

by Williams Mullen on

A major skirmish in the long-running legal battle over the scope of protected waters under the federal Clean Water Act (“Act”) has just ended with the U.S. Supreme Court decision in National Association of Manufacturers v....more

Strange But True: Recent EPA and State Actions Show Breadth of Environmental Enforcement

by Williams Mullen on

A trilogy of recent federal and state enforcement actions show just how far agencies will go to enforce environmental regulations. Now may be a good time for a compliance audit....more

States, NRDC, And NWF Sue EPA And Corps On Applicability Date Final Rule

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

SCOTUS Holds that Challenges to the Definition of Waters of the United States Must Be Heard in the U.S. District Courts

by Blank Rome LLP on

Benjamin Stonelake In a unanimous decision and opinion delivered by Justice Sotomayor on January 22, 2018, in National Association of Manufacturers v. U.S. Department of Defense, the United States Supreme Court (“SCOTUS”)...more

Supreme Court Makes Jurisdictional Determination on Clean Water Act Rule - EPA and Army Corps of Engineers Act to Delay Rule...

by Holland & Knight LLP on

• U.S. Supreme Court ruled unanimously – on narrow procedural grounds – that the courts of appeals do not have original jurisdiction to hear challenges to the Clean Water Act (CWA), the Obama Administration's 2015 rule...more

Podcast Episode 15 – Development Credits, Permitting, and Ripeness with Mark Miller of Pacific Legal Foundation

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 15, Mark Miller of the Pacific Legal Foundation joins us to talk about three cases that PLF is involved in presently, including the case of...more

Wisconsin Indian Tribe Sues Federal Government to Get Involved in Permitting of Mine in Michigan’s Upper Peninsula

by Husch Blackwell LLP on

The Menominee Indian Tribe of Wisconsin has sued the U.S. Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) over the proposed Aquila Resources Back Forty Mine, arguing that EPA and Corps have...more

U.S. Supreme Court Ruling Could Lead to “Inconsistencies, Uncertainty, and Confusion” in Waters and Wetlands Regulatory Regime

On January 22, 2018, the United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the...more

Supreme Court Rules WOTUS Challenges Properly Before Federal District Courts

by Steptoe & Johnson PLLC on

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

The Supreme Court Sends WOTUS Rule Challenges to the District Courts — It’s Good to Be King

On January 22,2018, the Supreme Court ruled that challenges to the WOTUS Rule must be heard in the district courts. At a certain level, the decision was easy and obvious – as evidenced by the absence of any dissent. ...more

Food, Dietary Supplement & Cosmetics Update | Vol. V, Issue 1

by Jones Day on

Top News - FDA Announces Intention to Not Enforce Certain FSMA Final Rules Provisions - On January 4, 2018, the U.S. Food and Drug Administration ("FDA") issued a guidance announcing that it does not intend to enforce...more

Waters of the United States/Clean Water Act: Association of State Wetland Managers Comments on Jurisdictional Definition

The Association of State Wetland Managers (“ASWM”) submitted November 28th comments on the Clean Water Act definition of “waters of the United States” (“WOTUS”). The November 28th comments were submitted in response to the...more

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

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