News & Analysis as of

Water Appeals Environmental Protection Agency (EPA)

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

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

Cybersecurity Memorandum: Withdrawal of Document Challenged by Arkansas Attorney General Announced by U.S. Environmental...

The United States Environmental Protection Agency (“EPA”) issued a memorandum on October 11th titled: Withdrawal of Cybersecurity Memorandum of March 3, 2023 (“Withdrawal Memorandum”) The Withdrawal Memorandum was transmitted...more

Foley Hoag LLP - Environmental Law

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s NPDES permit issued to San Francisco’s Oceanside sewer system. San Francisco had challenged the permit on the ground that EPA does not have authority to...more

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

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Eight Circuit Court of Appeals Grants Stay...

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) granted a stay of a United States Environmental Protection Agency interpretive rule associated with a March 3rd memorandum titled: Addressing PWS...more

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

U.S. Environmental Protection Agency Interpretive Memorandum Addressing Cybersecurity: Arkansas/Missouri/Iowa Attorney Generals...

The Arkansas, Missouri, and Iowa Attorney Generals (collectively “Arkansas AG”) filed on April 17th a Petition for Review (“Petition”) in the Federal Eighth Circuit Court of Appeals addressing a March 3rd Memorandum issued by...more

Foley Hoag LLP - Environmental Law

The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being Careful What You Wish For

Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA reasonably determined...more

Foley Hoag LLP - Environmental Law

EPA Withdrawal of Its Proposed Veto of a 404 Permit Is Reviewable — This Should Not Be Earth-shattering News

Last week, the 9th Circuit Court of Appeals ruled that EPA’s decision to withdraw its proposed veto of the Army Corps’ Section 404 permit for the Pebble Mine project in Bristol Bay, Alaska, was subject to judicial review. ...more

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

Residual Designation Rule: Los Alamos, New Mexico Files U.S. EPA Environmental Appeals Board Petition Challenging Stormwater/Water...

The County of Los Alamos, New Mexico (“Los Alamos”) filed a January 17th petition (“Petition”) challenging a United States Environmental Protection Agency (“EPA”) decision titled: Designation Decision and Record of Decision...more

Snell & Wilmer

Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

Snell & Wilmer on

Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more

Allen Matkins

California Environmental Law & Policy Update - April 2017

Allen Matkins on

Environmental and Policy Focus - Appeals court upholds California’s cap-and-trade system - Sacramento Bee - Apr 6 - A state appeals court handed a major victory to California’s signature climate-change program on...more

Perkins Coie

Second Circuit Upholds EPA’s Water Transfers Rule

Perkins Coie on

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

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