McGirt Uncertainty Extends to Federal Environmental Regulations in Indian Country
Revisiting McGirt: New Legal Developments Challenge Oklahoma’s Landmark Ruling
The Immediate and Lasting Impacts of McGirt: A Novel Ruling for Oklahoma
On July 29th, the Eleventh Circuit affirmed the dismissal of a lawsuit brought by environmental groups for alleged violations of the Clean Water Act resulting from the alleged illegal filling of wetlands on Georgia’s coast....more
The Clean Water Act applies by its terms to “navigable waters,” which the act defines merely as “waters of the United States.” A clear and consistent definition of this critically important phrase, which demarcates the...more
We are on the eve of a new regulatory definition of "waters of the United States" for the Clean Water Act. The United States Environmental Protection Agency ("EPA") and Army Corps of Engineers ("Corps") completed step one...more
A new final regulation issued on September 12, 2019 by the Environmental Protection Agency and the Army Corps of Engineers repeals the Obama administration’s 2015 “Clean Water Rule,” but does little to clear up the...more
The Subcommittee on Environment of the United States House of Representatives Committee on Science, Space, & Technology (“Committee”) is holding a hearing today titled: ...Waters of the United States: Examining the Role of...more
The Environmental Protection Agency and the U.S. Army Corps of Engineers released a proposed rule on June 27, 2017, that will rescind the Obama administration’s 2015 Clean Water Rule and recodify the pre-2015 regulations that...more
Establishing federal jurisdiction through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms, Inc. v. Monsanto Co., No. 1:16-CV-299 SNLJ, 2017 WL 633815...more
On May 27, 2015, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a final rule (the “Clean Water Rule”) redefining the scope of their shared jurisdiction under...more
The development of offshore wind projects in the U.S. has been a story of high hopes and many setbacks. Thus far, 2015 has perpetuated the same storyline, with major setbacks plaguing one of the major U.S. offshore wind...more
EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by...more
It was inevitable I suppose. In a town where every policy discussion reaffirms the lampooning it receives in HBO’s “Veep,” it was only a matter of time until the EPA/Army Corps’ proposed rule on the scope of jurisdiction...more
A landfill developer has asked the Supreme Court to review a decision of the Fifth Circuit holding that a jurisdictional determination by the U.S. Army Corps of Engineers is not final agency action subject to judicial review....more
On March 25, 2014, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) announced the release of their proposed rule redefining what waters fall under federal jurisdiction under the...more