Environmental

Recent Posts

Clarification or More Regulation? Agencies Issue Proposed Waters of the United States Rulemaking
Posted on 10 Apr 2014 by Williams Mullen

BY: LYNNE C. RHODE The United States Environmental Protection Agency (“EPA”) and United States Army Corps of Engineers (the “Corps”) on March 25, 2014 jointly issued a proposed rulemaking (Docket No. EPA-HQ-OW- 2011-0880) intended... Read More

Tags: wetland , navigable waters , clean water

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

Tags: Supreme Court , isolated waters , Richard Glaze , wetlands , Balch Bingham , navigable waters , Solid Waste Agency of Northern Cooke County , Army Corp of Engineers , Clean Water Act , Rapanos v United States , migratory bird rule

Marten Law: Supreme Court Preview--Ownership of Navigable Riverways and Due Process Challenge to Enforcement Orders to be Decided in 2011-12 Term
Posted on 13 Oct 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "The U.S. Supreme Court's new term has just begun. There are two environmental cases on the Court's docket," reports Steve Jones. "The first, PPL Montana, LLC v. State of Montana , presents... Read More

Tags: hydroelectric dams , Marten Law , wetlands , riverbeds , navigable waters , Sackett v. EPA , school trust lands , PPL Montana v State of Montana , Steven Jones , Clean Water Act , EPA

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

Tags: navigability-for-title , equal footing doctrine , hydroelectric dams , navigability in fact , Marten Law , navigable , riverbeds , navigable waters , school trust lands , Russell Prugh , PPL Montana v State of Montana

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action
Posted on 26 Mar 2012 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because... Read More

Tags: Supreme Court , final order , judicial review , wetlands , final action , Chantell Sackett v. Environmental Protection Agency , navigable waters , Administrative Procedures Act , compliance order , Clean Water Act , EPA

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

Tags: navigability-for-title , equal footing doctrine , hydroelectric dams , navigability in fact , Marten Law , navigable , riverbeds , navigable waters , school trust lands , Russell Prugh , PPL Montana v State of Montana

Marten Law: Supreme Court Preview--Ownership of Navigable Riverways and Due Process Challenge to Enforcement Orders to be Decided in 2011-12 Term
Posted on 13 Oct 2011 by Steven G Jones

By Steven Jones, Partner, Marten Law PLLC "The U.S. Supreme Court's new term has just begun. There are two environmental cases on the Court's docket," reports Steve Jones. "The first, PPL Montana, LLC v. State of Montana ... Read More

Tags: hydroelectric dams , Marten Law , wetlands , riverbeds , navigable waters , Sackett v. EPA , school trust lands , PPL Montana v State of Montana , Steven Jones , Clean Water Act , EPA

Supreme Court Holds in Sackett v. EPA That Idaho Couple Can Challenge EPA Wetlands Compliance Order As A Final Agency Action
Posted on 26 Mar 2012 by Shane Dilworth

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 21 unanimously found that an Idaho couple could file a lawsuit challenging a compliance order issued by the U.S. Environmental Protection Agency under the Clean Water Act (CWA) because... Read More

Tags: Supreme Court , final order , judicial review , wetlands , final action , Chantell Sackett v. Environmental Protection Agency , navigable waters , Administrative Procedures Act , compliance order , Clean Water Act , EPA

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

Tags: Supreme Court , isolated waters , Richard Glaze , wetlands , Balch Bingham , navigable waters , Solid Waste Agency of Northern Cooke County , Army Corp of Engineers , Clean Water Act , Rapanos v United States , migratory bird rule