News & Analysis as of July 25, 2025

Appeals

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The Clean Water Act is a United States federal statute enacted in 1972 to reduce levels of toxic substances in the nation's water supply and to prevent high levels of new contamination. The CWA seeks to accomplish its stated goals by preventing point and nonpoint pollution sources, assisting wastewater treatment facilities and maintaining wetlands. less -

To Waive or Not to Waive, Redux

Troutman Pepper Locke on 7/17/2025

Following its recent opinion in Village of Morrisville v. Federal Energy Regulatory Commission, the D.C. Circuit Court of Appeals has once again waded into the issue of when a state waives its certification authority under...more

To Waive or Not to Waive? That Is the 401 Question

Troutman Pepper Locke on 5/22/2025

The U.S. Court of Appeals for the D.C. Circuit on May 16, 2025, clarified the conditions under which a state waives its Clean Water Act (CWA) Section 401 water quality certification (WQC) authority. In Village of Morrisville...more

Section 401/Clean Water Act: Federal Appellate Court Addresses Federal Energy Regulatory Commission Licensing Issue

Mitchell, Williams, Selig, Gates & Woodyard,... on 1/5/2023

The United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) addressed in a December 20th Opinion an issue involving the Federal Energy Regulatory Commission (“FERC”) licensing process. See...more

Climate Lawsuits Face Setbacks as they Raise Major Public Policy Issues

Flaster Greenberg PC on 5/26/2021

The drive to litigate public policy over climate change took some hits the last two weeks in the United States Supreme Court. First, last Monday in the case of Mayor and City Council of Baltimore v. BP P. L. C. et al.,...more

DC Circuit Strictly Construes One-Year Deadline for State Waivers of Water Quality Certifications

Stoel Rives LLP on 2/7/2019

On January 25, 2019, in Hoopa Valley Tribe v. Federal Energy Regulatory Commission, No. 14-1271, 2019 WL 321025 (D.C. Cir. Jan. 25, 2019), the U.S. Court of Appeals for the D.C. Circuit ruled that the...more

Currents - Energy Industry Insights - September 2018 #2

Spilman Thomas & Battle, PLLC on 9/14/2018

As Storm Looms, 4th Circuit Reverses Ruling Against Dominion on Coal Ash Pollution at Chesapeake Site - "Water pollution from a coal ash landfill and settling ponds at a closed power plant in Chesapeake is not a violation of...more

Currents - Energy Industry Insights - August 2018 #4

Spilman Thomas & Battle, PLLC on 8/24/2018

Activists Have a New Strategy to Block Gas Pipelines: State's Rights - "It already has worked in New York where construction on the Constitution Pipeline has stalled. Now activists are trying the strategy in Oregon." ...more

Currents - Energy Industry Insights - September 2017#2

Spilman Thomas & Battle, PLLC on 9/16/2017

- U.S. High Court Asked to Review WV Justice's Role in Gas Royalties Case - "The U.S. Supreme Court is being asked to review West Virginia Supreme Court Justice Beth Walker's participation in a high-stakes natural gas...more

Interstate Pipeline Project: Federal Appellate Court Addresses Challenge to State Water Quality Certification

Mitchell, Williams, Selig, Gates & Woodyard,... on 9/12/2017

The United States Court of Appeals for the 3rd Circuit (“Court”) addressed a challenge to a permit issued by the Pennsylvania Department of Environmental Protection (“DEP”) related to the proposed construction of an...more

Currents - Energy Industry Insights - August 2017

Spilman Thomas & Battle, PLLC on 8/29/2017

Welcome to Spilman Thomas & Battle's weekly energy news e-blast - Currents. The purpose of this communication is to provide a synopsis of the top news stories for the week, but with a twist. We recognize that you may already...more

Environmental Case Law Update

Pillsbury Winthrop Shaw Pittman LLP on 10/17/2016

“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

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

Pillsbury Winthrop Shaw Pittman LLP on 8/4/2016

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

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