News & Analysis as of

Water Quality Permits Appeals

Troutman Pepper Locke

To Waive or Not to Waive, Redux

Troutman Pepper Locke on

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

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

Washington Department of Ecology Water Quality Permit Writer's Manual Revision: Supreme Court of Washington Addresses Challenge...

The Supreme Court of the State of Washington (“SCT”) addressed in a December 8th Opinion a judicial challenge to a revision of the Washington Department of Ecology’s (“WDE”) Water Quality Program Permit Writer’s Manual...more

Foley Hoag LLP - Environmental Law

Deadlines For Permit Issuance Are Double-Edged Swords

On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more

Stoel Rives - Environmental Law Blog

Sixth Circuit Limits Scope of CWA, Breaking with Fourth and Ninth Circuits

On September 24, 2018, in two separate decisions, the Sixth Circuit Court of Appeals found that coal ash wastewater that enters groundwater and eventually travels to navigable waters through the groundwater is not regulated...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights - August 2018 #4

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

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