LexisNexis® Legal Newsroom
Marten Law on PPL Montana, LLC v. State of Montana: Supreme Court Reverses Montana High Court in Rent for Riverbeds Case

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 pay the State of Montana back rent for the use of...

Montana Submits Comments on EPA’s Sweeping ‘Waters of the U.S.’ Proposal

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 Engineers regarding proposed rules that would dramatically...

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water

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 the federal government’s authority to regulate...

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition

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 the application of various regulations under multiple...

EPA Revises Its Regulatory Agenda, A Flurry of Activity Expected in the Next Few Months

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 rules: • May 2015 (Final Rule). Clean Water...

Clean Water Act Jurisdiction Under the Newly Issued Clean Water Rule

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, the Act expressly limits its protections to “navigable...

Final Version of Controversial Clean Water Rule Announced: Does EPA Have Jurisdiction Over Your Ditch?

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 are protected by the Clean Water Act, and it will...

Waters of the United States – D.C. Circuit Home Builders II Opinion

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 Circuit Judge Sentelle joined, to keep pushing. Judge...

New EPA and USACE Regulations Revise Definition of "Waters of the United States"

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, the Environmental Protection Agency (EPA) and USACE...

Is that Wetland Jurisdictional? A Practical Guide to the New Clean Water Rule

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 on August 28, 2015, so you need to understand...

U.S. EPA Ordered to Pay Attorneys' Fee Sanction In Clean Water Act Lawsuit

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 the developer’s legal fees incurred in...