New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®
False Claims Act Insights - Beyond Adversarialism: How to Steer FCA Investigations
Hospice Insights Podcast - Hospice Audit Updates: Hospices Fare Well in Federal Court
Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Daily Compliance News: August 1, 2025, The All AI Edition
The Journey of Litigation
Quick Guide to Administrative Hearings
Wire Fraud Litigants Beware: Fourth Circuit Ruling Protects the Banks — The Consumer Finance Podcast
Solicitors General Insights: The Tale of Two Washingtons — Regulatory Oversight Podcast
How confidential is a request to access or challenge information in INTERPOL’s files?
Understanding the Impact of IPR Estoppel and PTAB Discretionary Denials — Patents: Post-Grant Podcast
The Presumption of Innocence Podcast: Episode 64 - Cages We Built: The Making of Mass Incarceration in America
Solicitors General Insights: The Legal Frontlines in Iowa and Indiana — Regulatory Oversight Podcast
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
Navigating PTAB’s New Approach to IPR and PGR Discretionary Denial - Patents: Post-Grant Podcast
Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
Update on the State of Non-compete Restrictions (LaborSpeak)
In its recent decision in Waterkeeper Alliance v. U.S. Environmental Protection Agency, No. 23-636 (9th Cir. June 18, 2025), the Ninth Circuit Court of Appeals held that the Environmental Protection Agency (EPA) failed to...more
Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a June 18th Opinion an issue involving the Clean Water Act Effluent Limit Guidelines (“ELGs”). See Waterkeeper Alliance, et al., v....more
As reported in our September 30, 2024, blog item, the U.S. District Court for the Northern District of California ruled in September 2024 that the plaintiffs established by a preponderance of the evidence that the levels of...more
As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the outcome of this case hasn't read the other two Supreme Court opinions and that brings to...more
The United States Court of Appeals, Fifth Circuit (“Fifth Circuit”) in a February 16th Order considered the Port Arthur Community Action Network (“PACAN”) Petition for a review of a decision by the Texas Commission on...more
Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers' objection, to apply the Supreme Court's Sackett test for determining whether something...more
Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: Petition for Review by Protect...more
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more
Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
Three Judges of the Sixth Circuit Court of Appeals have joined Judges in North Dakota and Texas in concluding that EPA's most recent attempt to establish the jurisdictional reach of the Clean Water Act is unlikely to survive...more
Waterkeeper Alliance and 11 other environmental organizations (collectively “Waterkeeper”) filed an April 11th Petition for Review (“Petition”) in the United States Court of Appeals for the Ninth Circuit alleging a failure by...more
Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it.” Of course he didn't have the nearly four decade long controversy over the reach of the Federal Clean Water Act in mind but...more
This week three Judges of the Ninth Circuit Court of Appeals agreed that a District Court Judge exceeded his authority in vacating an EPA regulation without first determining that the regulation was unlawful. The Trump...more
Inside EPA reports that some House Democrats are criticizing their Republican colleagues for attempting to repeal EPA's eighth attempt to determine the reach of the Federal Clean Water Act by regulation. Like recent rules by...more
Everyone expected that EPA's eighth attempt to define the reach of the Federal Clean Water Act would end up in court. I have to admit that I was a bit surprised that two groups of plaintiffs filed their lengthy complaints...more
Inside EPA is reporting this morning that a three judge panel of the 10th Circuit Court of Appeals has joined the 9th Circuit Court of Appeals in upholding the constitutionality of the Congressional Review Act. The Act...more
Last week, the D.C. Circuit Court of Appeals granted a writ of mandamus to the Center for Biological Diversity, imposing a deadline on EPA to issue an “effects determination” concerning the potential impacts of the pesticide...more
The City of Portsmouth, New Hampshire, (“Portsmouth”) filed a September 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board. The Petition...more
Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law, an essay by Sam Sankar of EarthJustice is well worth your time. ...more
Last week, the First Circuit Court of Appeals ruled that a person who enters into an administrative settlement with a state is immune from citizen suits seeking civil penalties, but not immune from suits for declaratory or...more
The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more
SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal...more
Today five Justices of the United States Supreme Court reversed a California Federal District Court Judge's decision vacating a Clean Water Act rule enacted by the Trump Administration EPA. The 2020 rule had reduced the role...more