From Permits to Penalties: A Deep Dive Into Coastal Development Law
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CCUS: Understanding The Class VI Permitting Process
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[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
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The Law Court recently issued a decision in Eastern Maine Conservation Initiative v. Board of Environmental Protection that contains an enlightening discussion of what an agency must consider—as opposed to what an agency may...more
Whether issued by an authorized State or the Environmental Protection Agency (“EPA”), a National Pollutant Discharge Elimination System (“NPDES”) permit issued under the Clean Water Act allows a permittee to discharge...more
In an important environmental decision, the Supreme Court narrowed the range of discharge limitations under the Clean Water Act (“CWA”) for wastewater discharges. On March 4, 2025, the U.S. Supreme Court held the CWA does not...more
The United States Government Accountability Office (“GAO”) issued a January 9th report titled: Army Corps of Engineers: Expedited Permitting Process Would Benefit from More Transparency (“Report”)....more
The Subcommittee on Water Resources and Environment of the United States House of Representatives Committee on Transportation and Infrastructure held a February 11th hearing titled: America Builds: Clean Water Act...more
The Southern Environmental Law Center (“SELC”) on behalf of the Tennessee Wildlife Federation entered into multiple Settlement Agreements (“Agreements”) with the Tennessee Department of Environment and Conservation (“TDEC”)...more
Senate Bill 84 has been introduced by Senator Blake Johnson of Corning and Representative DeAnn Vaught of Horatio prohibiting moratoriums in watersheds and other bodies of water....more
The Wharf District Council recently released its “District Protection and Resiliency Plan.” My immediate reaction is just a quiet OMG regarding the size of the task. Of course, that’s no excuse for inaction and I found the...more
UPDATE: In response to a request for modification by the State and Regional Water Boards, the Second District Court of Appeal has limited certain aspects of its prior ruling. The primary ask of the State and Regional Water...more
¿Es usted titular de una concesión de aguas de jurisdicción CAR - Cundinamarca? Preocupan los numerosos pronunciamientos recientes de la Corporación Autónoma Regional de Cundinamarca (CAR) en relación con la caducidad de...more
The Arizona’s First Regular Session of the 55th Legislature has been moving along at a pretty fast and steady pace. A total of 40 bills have already been sent to the Governor’s desk; and 32 of those have been signed into law...more
Joint Plan Aims to Meet Rising Water Demands - A new National Water Reuse Action Plan focuses on water reuse practices aimed at strengthening water security, sustainability and resilience for both rural and urban...more
In the late 1980s, when I was an associate at the environmental boutique law firm of Berle, Kass, and Case in New York City, Robert F. Kennedy, Jr. and John Cronin came to visit the firm to discuss a new project they had...more
As global water shortages worsen, desalination projects are likely to proliferate. Sponsors that can manage project risk will capture significant value while helping the world meet its water needs. Increasing pressure to...more
On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. ...more
The U.S. Court of Appeals for the Second Circuit upheld the U.S. Environmental Protection Agency’s Water Transfers Rule last week. Catskill Mountains Chapter of Trout Unlimited, et al. v. EPA, et al. 14-1823, 14-1909,...more
The U.S. Army Corps of Engineers (Corps) on Jan. 6, 2017, published a final rule reissuing its Clean Water Act Nationwide Permits (NWPs) with some modifications (88 Fed. Reg. 1860). The NWP program authorizes streamlined...more
Environmental and Policy Focus - U.S. Supreme Court allows pre-permit challenges to approved jurisdictional determinations - Allen Matkins - May 31 - In a major new legal development for the Clean Water Act's...more
In October 2014, the Pennsylvania legislature passed and the governor signed Act 162 of 2014, which amended the Clean Streams Law. Effective December 21, 2014, developers proposing an earth-disturbance activity near special...more
Louisiana has denied a permit to an energy company seeking to use water from a state-designated scenic river for its drilling operations. The decision represents the first time in Louisiana’s history that a permit to draw...more
On Friday, the State Water Resources Control Board released the final draft of the Statewide General National Pollutant Discharge Elimination System (“NPDES”) Permit for the Discharge of Storm Water Associated with Industrial...more