Environmental

Recent Posts

Waters of the United States – D.C. Circuit Home Builders II Opinion
Posted on 18 Aug 2015 by Steptoe & Johnson PLLC

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

Sackett v. EPA - Supreme Court Allows Pre-Enforcement Review of Clean Water Act Compliance Orders
Posted on 6 Apr 2012 by Sedina L. Banks

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

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water
Posted on 1 Jul 2015 by Ballard Spahr LLP

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

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking
Posted on 23 Sep 2014 by Babst Calland

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

Waters of the U.S. Rule on Nationwide Hold
Posted on 26 Oct 2015 by Ballard Spahr LLP

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

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition
Posted on 10 Jul 2015 by Foley & Lardner LLP

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

Federal Court Preliminarily Enjoins EPA and Army Corp Waters of the United States Final Rule
Posted on 18 Sep 2015 by Duane Morris LLP

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

EPA and Corps Define “Waters of The United States”
Posted on 21 Jul 2015 by Williams Mullen

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

EPA Enjoined From Enforcing New WOTUS Rules
Posted on 17 Nov 2015 by Steptoe & Johnson PLLC

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

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule
Posted on 14 Oct 2015 by Williams Mullen

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

Rapanos Guidance III – "Waters" Revisited
Posted on 21 Sep 2011 by Richard Glaze

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

Administrative Watch: EPA Issues New Rule on Definition of Waters of the United States
Posted on 2 Jun 2015 by Babst Calland

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

Congress Tries to Reign in US EPA Rulemaking on Waters of the United States
Posted on 30 Oct 2014 by Steptoe & Johnson PLLC

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

SCCCL and Lamont-Doherty Release New Collaborative Working Paper on “Scientific and Legal Integrity in Advancing a Land-Degradation Neutral World”
Posted on 1 Dec 2014 by Columbia Law - Sabin Center for Climate Change Law

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

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition
Posted on 9 Jul 2015 by Foley & Lardner LLP

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