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Administration announces plans for new regulations regarding wetlands, but specifics are lacking for now

The Administration has announced that it will propose new regulations to protect wetlands and smaller streams; unfortunately, specifics are lacking at present. The Administration appears to believe that their new regulations will fit within the constraints imposed by recent U.S. Supreme Court cases on...

U.S. Supreme Court finds that statutory law of CAA displaces Federal common law and state tort law on issue of GHG emissions

Several States, a city, and land trusts filed federal common law public nuisance claims against various power companies; they requested that the court set CO2 emission limits. In American Electric Power Co. et al v. Connecticut et al , 2011 U.S. LEXIS 4565 (6/20/11), the U.S. Supreme Court addressed...

Clean Water Rule – Inconsistent Application

The final Clean Water Rule redefining “Waters of the United States” was scheduled to go into effect August 28, 2015, [subscribers can access an enhanced version of this rule: lexis.com | Lexis Advance ]. There have been several suits challenging the rule filed since the rule was finalized...