News & Analysis as of

Environmental Policies Petition for Writ of Certiorari

Goldberg Segalla

U.S. Supreme Court Ends Youth Climate Change Suit

Goldberg Segalla on

On March 24, in Kelsey Cascadia Rose Juliana et al. v. United States of America et al., the U.S. Supreme Court rejected a petition to hear an appeal from Our Children’s Trust from the Ninth Circuit Court of Appeals decision...more

Cozen O'Connor

The State AG Report – 4.25.2024

Cozen O'Connor on

Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: •Republican and Democratic AGs Square Up for Emissions...more

Morgan Lewis

Supreme Court Stays District Court Order Vacating 2020 Clean Water Act Certification Rule

Morgan Lewis on

The US Supreme Court issued an order on April 6 staying the district court vacatur of the US Environmental Protection Agency’s 2020 Clean Water Act Section 401 Certification Rule, which imposed restrictions on state and...more

Holland & Hart LLP

More Uncertainty Ahead – WOTUS, SCOTUS and What it Means for Your Project

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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

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - September 2019

Atlantic Coast Pipeline Remains Halted as Developers Wait on Court Decisions - "There are currently two federal permits under review--one issued by the U.S. Fish and Wildlife Service and one issued by the U.S. Forest...more

Womble Bond Dickinson

SCOTUS Will Review a Portion of the County of Maui Case Involving a Clean Water Act Citizen Suit

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The U.S. Supreme Court recently decided to take up review of a circuit court conflict regarding the jurisdictional reach of the Clean Water Act (“CWA”). On February 19, 2019, the Court partially granted a petition for writ of...more

Burr & Forman

SCOTUS Will Decide Scope of Clean Water Act Jurisdiction

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On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui v. Hawaii Wildlife Fund, setting the stage for a landmark decision on Clean Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does a Discharge to Groundwater Require a Clean Water Act NPDES Permit?: U.S. Solicitor General Supreme Court Filing Addressing...

The United States Solicitor General (“SG”) filed a brief related to the Petitions for Writs of Certiorari addressing Ninth and Fourth Circuit decisions titled: County of Maui, Hawaii, Petitioner v. Hawaii Wildlife Fund et...more

Burr & Forman

Solicitor General Urges SCOTUS to Resolve Groundwater Circuit Split

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On January 3, 2019, the U.S. Solicitor General filed a brief urging the Supreme Court to grant certiorari in County of Maui v. Hawaii Wildlife Fund to decide the question of whether a “discharge of a pollutant…occurs when a...more

WilmerHale

Solicitor General Asks Supreme Court to Review the Decisions Adopting the Groundwater as Conduit Theory

WilmerHale on

In consideration of a request for a writ of certiorari in the cases County of Maui v. Hawaii Wildlife Fund, No. 18-260 and Kinder Morgan Energy Partners v. Upstate Forever, No. 18-268, the US Supreme Court invited the views...more

Burr & Forman

SCOTUS Seeks Views of Solicitor General in Groundwater Cases

Burr & Forman on

On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General may offer input in two certiorari petitions involving the scope of the Clean Water Act....more

Nossaman LLP

U.S. Supreme Court Passes on Otter Case with Chevron Implications

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This week, the U.S. Supreme Court denied certiorari in California Sea Urchin Commission v. Combs (“Combs”), Docket No. 17-1636, an appeal from a Ninth Circuit decision regarding endangered Southern sea otters (Enhydra lutris...more

Nossaman LLP

Endangered Species Case Sparks Chevron Deference Debate

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As the U.S. Supreme Court prepares for its upcoming October 2018 term, one petition concerning an endangered sea otter relocation program is attracting a lot of attention as a potential vehicle for the Court to consider the...more

Nossaman LLP

Numerous Parties File Amicus Briefs In Dusky Gopher Frog Case

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As we reported here, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhaeuser Co. v. U.S. Fish and Wildlife Service, No. 17-71, on January 22, 2018. ...more

Hogan Lovells

Supreme Court grants a shy frog the chance to shape critical habitat designations

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The Supreme Court (the Court) will soon address two recurring issues concerning administration of the Endangered Species Act, and more broadly the deference given to agency action in the discretionary exercise of statutory...more

Nossaman LLP

SCOTUS accepts dusky gopher frog case

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On January 22, 2018, the U.S. Supreme Court granted review of the petition for writ of certiorari in Weyerhauser Co. v. U.S. Fish and Wildlife Service, No. 17-71. Petitioners challenge a 2-1 panel decision issued by the...more

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