A coalition of environmental groups filed a groundbreaking lawsuit against the State of Utah’s Department of Natural Resources, Division of Forestry, Fire and State Lands, and Division of Water Rights (the Agencies), alleging...more
The U.S. Supreme Court issued its long-awaited decision yesterday in the case of Sackett v. EPA, upending wetland regulation nationwide and dealing a significant blow to the Biden Administration’s rulemaking to define the...more
Since 2015, jurisdiction under the Clean Water Act (CWA or the Act) has been in a near constant state of flux, creating a challenging regulatory landscape for project developers and the regulatory community. The last few...more
2/7/2022
/ Appeals ,
Biden Administration ,
Clean Water Act ,
Environmental Litigation ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Navigable Waters Protection Rule ,
Petition for Writ of Certiorari ,
Proposed Rules ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
In environmental law, it’s hard to imagine a topic shrouded in more uncertainty and confusion than the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). After numerous Supreme Court...more
The swearing-in of Michael Regan as EPA Administrator means that open questions on policy, agenda-setting, and prioritization for the Agency will soon be answered. Issues that have risen to the top of the new EPA...more
3/30/2021
/ Advanced Notice of Proposed Rulemaking (ANPRM) ,
Biden Administration ,
Clean Air Act ,
Clean Water Act ,
Coal ,
Congressional Review Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
NAAQS ,
NEPA ,
OMB ,
PFAS ,
Regulatory Freeze ,
Risk Management ,
Safe Drinking Water Act ,
Toxic Substances Control Act (TSCA) ,
Waters of the United States
On March 26, 2020 EPA issued a temporary policy for enforcement of environmental legal obligations during the COVID-19 pandemic. The policy provides the framework for the agency's use of its enforcement discretion where...more
On April 2, 2019, the Environmental Protection Agency (EPA) issued a proposed rule intended to modernize the regulations governing ignitable liquids hazardous waste determinations under the Resource Conservation and Recovery...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
2/22/2018
/ Appeals ,
Clean Water Act ,
Clean Water Rule ,
Coal Industry ,
Deregulation ,
Discharge of Pollutants ,
Energy Sector ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Hughes v United States ,
Hydropower ,
Jurisdiction ,
Marks v US ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Rapanos v US ,
Renewable Energy ,
SCOTUS ,
Split of Authority ,
Stormwater Discharge Permits ,
Trump Administration ,
Underground Injection Wells ,
Unduly Burdensome ,
US Army Corps of Engineers ,
Wastewater ,
Waters of the United States