Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop. It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior... Read More

By Sedina L. Banks, Attorney, Greenberg Glusker Fields Claman & Machtinger LLP On March 21st, the United States Supreme Court unanimously ruled that the Sackett family has a right to challenge a pre-enforcement compliance order from the Environmental... Read More

By Brendan K. Collins and Michael C. Duffy The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify... Read More

By Abigail Faulkner Jones On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE... Read More

The U.S. Court of Appeals for the Sixth Circuit has stayed nationwide application of a controversial rule designed to clarify what water bodies and wetlands are subject to federal Clean Water Act regulation in a 2-1 decision, [subscribers can access an... Read More

On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding... Read More

On August 27, 2015, a federal district judge in North Dakota, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army... Read More

By: Channing J. Martin 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... Read More

Last month, the United States Circuit Court of Appeals for the Sixth Circuit, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], pushed aside jurisdictional questions and issued a stay, effective nationwide, blocking... Read More

By Channing J. Martin , Partner, Williams Mullen The Clean Water Rule recently issued by EPA and the Army Corps of Engineers defines the scope of federal jurisdiction over wetlands and other “waters of the United States.” It became effective... Read More

Richard E. Glaze, Jr., Partner, Balch & Bingham, LLP [1] On May 2, 2011, the United States Environmental Protection Agency and the United States Army Corps of Engineers[2] issued draft joint guidance[3] for the interpretation of the phrase "waters... Read More

On May 27, 2015, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) released the long-awaited final rule redefining the extent of the agencies’ jurisdiction over “waters of the United... Read More

By Katerina E. Milenkovski On September 9, 2014, the United States House of Representatives passed H.R. 5078 , a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was... Read More

It is no secret that the fight against desertification isn’t going well. In the two decades since the United Nations Convention to Combat Desertification came into force, desertification has worsened considerably. Many within the desertification... Read More

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United... Read More