In October 2019, the National Marine Fisheries Service (NMFS) published its Draft Outline for a Work Plan for a Federal Aquaculture Regulatory Task Force (Draft Outline) in the Federal Register Notice. The Draft Outline...more
Last week EPA and the U.S. Army Corps of Engineers announced that they again will be taking the first step in the long-awaited rulemaking process to redefine the scope of “waters of the United States” (WOTUS) under the...more
B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas emissions. This edition of Carbon Markets...more
The Washington Department of Ecology (Ecology) released the draft 2020 Industrial Stormwater General Permit (ISGP) for public comment. The draft permit contains a number of changes from the existing ISGP, including adding two...more
Washington State, having felt the burn from Washington’s recent unseasonably hot summers, has already begun preparations for this year’s wildfire season. In May, Governor Jay Inslee declared an expanded drought emergency...more
The Supreme Court determined in Sturgeon v. Frost that the Nation River, located near Alaska’s eastern border, is not public land for purposes of regulation by the National Park Service (NPS). This case arose due to a...more
5/30/2019
/ ANILCA ,
Lack of Authority ,
National Park Service ,
Navigable Waters ,
Non-Public Land ,
Regulatory Authority ,
Remand ,
Reversal ,
Rivers ,
SCOTUS ,
State and Local Government ,
States Rights ,
Sturgeon v Frost ,
Vessels
On August 19, 2017, one of Cooke Aquaculture’s largest facilities in Washington—a ten-cage net pen off Cypress Island—collapsed, resulting in the release of 243,000 to 263,000 non-native Atlantic salmon into Puget Sound....more
The US Environmental Protection Agency (EPA) plans to propose a rule that would classify as carbon neutral power produced from the combustion of forest biomass. If eventually adopted, such a rule would begin to provide...more
In Guertin v. State of Michigan, the Sixth Circuit held that officials responsible for the decision to change Flint, Michigan’s water supply, leading to lead-contamination of water is not protected by qualified immunity. The...more