On May 25, 2023, the U.S. Supreme Court issued its opinion in Sackett v. EPA, No. 21-45 (US May 25, 2023) (slip op.), significantly narrowing the U.S. Environmental Protection Agency’s (“EPA”) and U.S. Army Corps of...more
5/30/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Inland Waterways ,
Navigable Waters ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
On June 23, 2021, the Ninth Circuit in Deschutes River All. v. Portland Gen. Elec. became the first court in the country to hold that Congress did not clearly and unambiguously waive tribal sovereign immunity under the Clean...more
The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include...more
On January 24, 2020, the Trump Administration’s Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued their long awaited “Waters of the United States” rule defining the jurisdictional reach...more
1/28/2020
/ Clean Water Act ,
Due Process ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Final Rules ,
Jurisdictional Determination (JD) ,
Navigable Waters ,
New Rules ,
NPDES ,
Rulemaking Process ,
Trump Administration ,
US Army Corps of Engineers ,
Waters of the United States
On January 9, 2020, the Council on Environmental Quality (“CEQ”) proposed major changes to National Environmental Policy Act (“NEPA”) regulations originally issued more than four decades ago. The proposed rulemaking aims to...more
1/13/2020
/ CEQ ,
Climate Change ,
Comment Period ,
Environmental Assessments ,
Environmental Review ,
Infrastructure ,
NEPA ,
Proposed Rules ,
Public Comment ,
Public Hearing ,
Rulemaking Process
In the matter of United States et al. v. Washington, case number 13-35474, the U.S. Court of Appeals for the Ninth Circuit concluded in 2016 that in building and maintaining barrier culverts, the State of Washington had...more