In Board of Commissioners of the Southeast Louisiana Flood Protection Authority – East, et al., v. Tennessee Gas Pipeline Company, L.L.C., et al., the U.S. Court of Appeals for the Fifth Circuit issued a unanimous ruling...more
On January 18, the U.S. Court of Appeals for the Second Circuit reversed the lower court and held that EPA’s 2008 promulgation of the “Water Transfers Rule” (Rule) published in the Federal Register at 73 FR 33697 on June 13,...more
“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed...more
On April 7, 2015, the U.S. Court of Appeals for the Fifth Circuit, in Gulf Restoration Network, et al., v. McCarthy, vacated and remanded a decision of the United States District Court for the Eastern District of Louisiana...more
Below is a snapshot of the Water Infrastructure Improvements for the Nation Act water-300x200(S. 612) passed late last week by the Congress. The President has indicated that he will sign the bill.
Title I of the Act is...more
A group of environmental organizations, headed by the Sierra Club, filed a Clean Water Act (CWA) citizen’s lawsuit against the BNSF Railway Company, alleging that the railroad, the only transporter of coal in Washington,...more
“Summer’s lease hath all too short a date.”
Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more
10/17/2016
/ Administrative Law Judge (ALJ) ,
Administrative Procedure Act ,
Air Pollution ,
Appeals ,
Appointments Clause ,
Boilers ,
CERCLA ,
Chevron Deference ,
Clean Air Act ,
Clean Water Act ,
Constitutional Challenges ,
Department of Energy (DOE) ,
Department of the Interior ,
Department of Transportation (DOT) ,
Discharge of Pollutants ,
Endangered Species Act (ESA) ,
Environmental Impact Report (EIR) ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Federal Acquisition Regulations (FAR) ,
Federal v State Law Application ,
Federal Vacancies Reform Act ,
FERC ,
Hawkes Co v United States Army Corps of Engineers ,
Incidental Take Permits ,
Lockheed Martin ,
Navarro v Encino Motorcars ,
NEPA ,
NLRB General Counsel ,
NLRB v SW General ,
Nuclear Regulatory Commission ,
Railways ,
Renewable Energy ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
US Fish and Wildlife Service ,
Waters of the United States
On September 9, the U.S. District Court for the District of Columbia denied a motion for a Preliminary Injunction against the U.S. Army Corps of Engineers to stop the construction of the Dakota Access Pipeline, a pipeline...more
On August 8, the U.S. Court of Appeals for the Third Circuit released an opinion rejecting several challenges to environmental permits and authorizations granted by environmental regulatory agencies in New Jersey and...more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law.
...more
8/4/2016
/ Administrative Appointments ,
Administrative Procedure Act ,
Alaska ,
Appeals ,
Article III ,
Chevron Deference ,
Clean Air Act ,
Clean Power Plan ,
Clean Water Act ,
DAPA ,
Department of Homeland Security (DHS) ,
Electric Generation Suppliers ,
Electricity Costs ,
Energy Market ,
Energy Projects ,
Environmental Protection Agency (EPA) ,
EU ,
Exxon Mobil ,
Fair Labor Standards Act (FLSA) ,
Farm Bureau ,
Federal Power Act ,
Federal Vacancies Reform Act ,
FERC ,
FERC v Electric Power Supply Association ,
Groundwater ,
Hawkes Co v United States Army Corps of Engineers ,
Hughes v Talen Energy ,
Immigration ,
Immigration Reform ,
Injury-in-Fact ,
Inland Waterways ,
Land Parcels ,
Mercury ,
Murr v Wisconsin ,
National Park Service ,
Native American Issues ,
Navarro v Encino Motorcars ,
NLRB ,
Over-Time ,
Pollution Control ,
Preemption ,
Racketeering ,
Regulatory Takings ,
RICO ,
RJR Nabisco v European Community ,
RTO ,
SCOTUS ,
Service Advisors ,
Spokeo v Robins ,
Standing ,
Sturgeon v Frost ,
Takings Clause ,
TMDL ,
Tribal Lands ,
US v Texas ,
Utilities Sector ,
Utility Rates ,
Wage and Hour ,
Waters of the United States ,
Wholesale
In the latest installment in this long-running dispute, the U.S. Court of Appeals for the DC Circuit today, in Mingo Logan Coal Company v. EPA, ruled, in a 2 to 1 decision, that EPA satisfied its duties under the Clean Water...more
Many construction projects are subject to the regulatory requirements of the Clean Water Act (CWA), including the supremedetermination whether an earth-moving operation is covered by a “dredge and fill” permits administered...more
The recent term of the United States Supreme Court featured several rulings on environmental and other regulatory issues. This update highlights the major environmental decisions this term, as well as some of the issues the...more
On March 20, 2013, the U.S. Supreme Court held in a 7-1 decision that Clean Water Act permits are not required for stormwater runoff from logging roads. The decision in Decker v. Northwest Environmental Defense Center defers...more
On January 8, 2013, the U.S. Supreme Court held unanimously in L.A. County Flood Control District v. NRDC that the flow of polluted stormwater from an improved portion of a navigable waterway into an unimproved portion of...more