Environmental

Recent Posts

EPA Revises Its Regulatory Agenda, A Flurry of Activity Expected in the Next Few Months
Posted on 16 Jul 2015 by Jenner & Block Corporate Environmental Lawyer

Last week, the EPA-specific listing on the website of the Office of Information and Regulatory Affairs was updated with timelines on the EPA’s regulatory efforts. Of potential interest, in chronological order of expected release, are the following... Read More

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

U.S. EPA Ordered to Pay Attorneys' Fee Sanction In Clean Water Act Lawsuit
Posted on 15 Oct 2015 by Steven M. Siros

A federal district court judge in Texas has granted a developer’s motion for summary judgment against the United States, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], and ordered the Government to reimburse... 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

Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule
Posted on 21 Jul 2015 by GreenbergTraurig

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit... 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

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

Final Version of Controversial Clean Water Rule Announced: Does EPA Have Jurisdiction Over Your Ditch?
Posted on 22 Jul 2015 by Allison Torrence

On May 29, 2015, the Obama administration released the final version of its highly controversial Clean Water Rule. President Obama declared that the new rule “will provide the clarity and certainty businesses and industry need about which waters... Read More

New EPA and USACE Regulations Revise Definition of "Waters of the United States"
Posted on 13 Oct 2015 by LexisNexis Insurance Law Newsroom Staff

By Mr. Ken Bogdan and Mr. Al Herson Under Clean Water Act (CWA) Section 404, the US Army Corps of Engineers (USACE) must issue a permit for discharges of dredged or fill material into "waters the United States" (WOTUS). On June 29, 2015... Read More

Montana Submits Comments on EPA’s Sweeping ‘Waters of the U.S.’ Proposal
Posted on 24 Nov 2014 by LexisNexis Legal Newsroom Staff

House Speaker, agricultural community, counties, homebuilders voice opposition to proposal Earlier this month, the Montana Attorney General’s Office submitted comments to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of... Read More

Marten Law on PPL Montana, LLC v. State of Montana: Supreme Court Reverses Montana High Court in Rent for Riverbeds Case
Posted on 18 Apr 2012 by Russell Prugh

By Russell Prugh, Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses the U.S. Supreme Court's reversal of a decision by the Montana Supreme Court that required a hydroelectric dam operator to... Read More

Marten Law on PPL Montana, LLC v. State of Montana: Supreme Court Reverses Montana High Court in Rent for Riverbeds Case
Posted on 18 Apr 2012 by Russell Prugh

By Russell Prugh, Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses the U.S. Supreme Court's reversal of a decision by the Montana Supreme Court that required a hydroelectric dam operator... Read More