News & Analysis as of

Jurisdiction Environmental Protection Agency (EPA) State and Local Government

Bracewell LLP

EPA and the Army Make More Waves on WOTUS

Bracewell LLP on

On March 12, the Environmental Protection Agency and the Office of the Assistant Secretary of the Army took steps to address lingering questions about the meaning and implementation of “waters of the United States” (WOTUS)...more

Bricker Graydon LLP

Ohio's New Ephemeral Stream Law

Bricker Graydon LLP on

On July 21, 2022, new Ohio law governing regulation of ephemeral streams went into effect. The new law is the result of House Bill 175, which was passed by the Ohio General Assembly on April 6, 2022. ...more

Greenbaum, Rowe, Smith & Davis LLP

Atlantic Richfield v. Christian: Despite Initial Concerns, SCOTUS Decision Does Not Open Floodgates for State Court Challenges to...

Prior to April 2020, it seemed clear under prevailing federal case law that a disgruntled person could not use a state court lawsuit to change an environmental remedy approved by the U.S. Environmental Protection Agency (EPA)...more

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

Resource Conservation and Recovery Act/Hazardous Waste Disposal: Federal District Court Addresses United States Challenge to Scope...

The United States District Court for the District of New Mexico (“Court”) in a March 31st Order addressed a dispute regarding a state-issued hazardous waste disposal permit. See United States v. N.M. Env’t Dep’t, No. CV 19-46...more

Miles & Stockbridge P.C.

EPA’s Partnership Policy Formally Delegates Primary Enforcement Implementation to State Agencies While Retaining Concurrent...

On July 11, 2019, the Environmental Protection Agency (the “EPA”) finalized its policy (the “Policy”) to defer environmental investigations and enforcement actions to authorized state agencies as the “primary implementer.”...more

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