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Marten Law on Sackett v. EPA: Unanimous Supreme Court Allows Pre-Enforcement Review Under Clean Water Act

In this Analysis, Steve Jones, Russell Prugh and Brad Marten of Marten Law PLLC discuss the U.S. Supreme Court's unanimous decision in Sackett v. EPA [ enhanced version available to lexis.com subscribers ], striking down the EPA's ban on "pre-enforcement review" of administrative...

Keller and Heckman LLP: Recent Federal Court Decisions Curtail EPA's Clean Water Act Authority

By Eric P. Gotting , Jean-Cyril Walker and Adrienne M. Timmel This advisory discusses implications from two recent federal court decisions involving the exercise of authority by the U.S. Environmental Protection Agency ("EPA" or "Agency") under the Clean Water Act ("CWA"...

Steptoe & Johnson PLLC: West Virginia Issues Section 401 Water Quality Certification Conditions for Nationwide Permits

The West Virginia Department of Environmental Protection has issued its Section 401 Water Quality Certification General and Special Conditions for the Army Corps of Engineers' (Corps) Nationwide Permits (NWPs) issued earlier this year pursuant to section 404 of the Clean Water Act for dredge and...

Silage vs. Curtilage: More on the EPA's Flyover Controversy

By Todd J. Janzen, Partner, Plews Shadley Racher & Braun LLP The web has been abuzz the last few weeks with articles and editorials about the Environmental Protection Agency's (EPA) use of aerial flyovers to look for violations of the Clean Water Act on Nebraska and Iowa feedlots. The issue...

Marten Law on National Mining Ass'n v. Jackson: No Means No--EPA Told Again Not to Regulate Through Guidance

By Jeff Kray, Partner, Marten Law Group PLLC In this Emerging Issues Analysis, Jeff Kray of Marten Law PLLC analyzes two decisions in National Mining Ass'n v. Jackson which, taken together, determine that EPA's mountain-top mining Guidance is invalid on both procedural and substantive grounds...

BP PLC To Pay $4.5 Billion, Plead Guilty To Criminal Charges For Gulf of Mexico Oil Spill

NEW ORLEANS - (Mealey's) BP PLC announced Nov. 15 that it would plead guilty to a dozen felony charges brought by the federal government and pay $4.5 billion in penalties over its involvement in the explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico. The...

U.S. Supreme Court Finds Sewer System’s Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court yesterday held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

U.S. Supreme Court Finds Sewer System's Discharges Did Not Violate CWA

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 8 held that a California storm sewer system operator's discharges into navigable waterways did not violate the Clean Water Act (CWA), holding that the flow of water from an improved portion of a navigable waterway to an unimproved portion...

Marten Law on LA County Flood Control Dist. v. Natural Resources Defense Council

By Russell Prugh , Associate, Marten Law PLLC In this Emerging Issues Analysis, Russell Prugh of Marten Law PLLC discusses LA County Flood Control Dist. v. NRDC in which the U.S. Supreme Court considered the scope of what constitutes a "discharge" under the Clean Water Act and held that...

DOJ: Judge Accepts Transocean’s Guilty Plea; Company to Pay $400M

WASHINGTON, D.C. - (Mealey's) The U.S. Department of Justice announced that a federal judge in Louisiana has accepted Transocean Ltd.'s guilty plea today for violating the Clean Water Act (CWA) over its conduct leading to the 2010 explosion of the Deepwater Horizon oil rig and that the company...

DOJ: Judge Accepts Transocean’s Guilty Plea; Company to Pay $400M

WASHINGTON, D.C. - (Mealey's) The U.S. Department of Justice announced that a federal judge in Louisiana has accepted Transocean Ltd.'s guilty plea for violating the Clean Water Act (CWA) over its conduct leading to the 2010 explosion of the Deepwater Horizon oil rig and that the company will...

Louisiana Federal Judge Signs Consent Decree For Deepwater Horizon $1 Billion Settlement

NEW ORLEANS - (Mealey's) The federal judge in Louisiana who is overseeing litigation arising from the April 2010 explosion of the Deepwater Horizon oil rig and ensuing oil spill in the Gulf of Mexico on Feb. 19 approved Transocean Deepwater Inc. and its affiliates' agreement to pay $1 billion...

U.S. Supreme Court Reverses Ruinous Forestry Ruling

By William Perry Pendley DENVER - A western, nonprofit, public-interest legal foundation with decades of experience in environmental and forestry issues on March 20 celebrated a near-unanimous ruling by the Supreme Court of the United States reversing a ruling by a three-judge panel of the U.S. Court...

William A. Ruskin: Among Environmentalists, Hydrofracking is Not a 'Yes or No' Issue

By William A. Ruskin On April 10, 2013, I participated in " Justice Speaks ," an event sponsored by the Justice Action Center at New York Law School on hydraulic fracturing. Joining me on the podium was Daniel Raichel , a Project Attorney with the Natural Resources Defense Council ("...

Why the Chesapeake Bay Matters to Midwestern Farmers

I just returned from the American Bar Association's annual fall environmental conference. This year's conference was in Baltimore, at the north end of the Chesapeake Bay. Needless to say that the environmental condition of the bay and the controversy surrounding it were the talk of the conference...

Five Agricultural Legal Issues to Watch in 2014

What will be the hot topics in ag law for 2014? Here are some predictions for the coming year: 1. Clean Air Act Targets Farmers . Congress passed the Clean Air Act in 1970 to clean up the nation’s air. The low hanging fruit of air pollution—power plants, industrial factories, trucks and automobiles...

DLA Piper Energy Alert: Federal District Court Decision Appears To Clear Way For Cape Wind

By Robert J. Alessi and Jeffrey D. Kuhn | The Federal District Court in Washington, D.C., has issued a lengthy ruling that appeared to substantially clear the way for Cape Wind, a large proposed offshore wind farm on Horseshoe Shoal in Nantucket Sound south of Cape Cod, Massachusetts. The decision...

EPA and DOJ Reach Settlement With Owner/Operator Of Public Water System For Violations Of Safe Drinking Water Act

Customers Forced To Boil Drinking Water For Years. Preet Bharara, the United States Attorney for the Southern District of New York, and Judith A. Enck, the Regional Administrator of the U.S. Environmental Protection Agency, have reached a settlement with defendants Edward A. Eherts and the Painted...

U.S. EPA Issues Final Regulations Governing Cooling Water Use At Power Plants And Industrial Facilities

The U.S. EPA has promulgated final regulations that established requirements for cooling water intakes at existing power plants and industrial facilities. After almost 20 years of attempting to adopt rules under Section 316(b) of the Clean Water Act, [ enhanced version available to lexis.com subscribers...

City of Huntington Creates Water Quality Board Combining Wastewater, Stormwater and Flood Wall Operations

Historically, the City of Huntington, West Virginia operated three municipal services related to management of the water quality and quantity in and around City proper under separately established municipal corporate organizations: 1) the Huntington Flood Wall Division, 2) the Huntington Storm Water...

Oil Spill MDL Judge: Discharge Was Result Of BP’s Willful Misconduct

NEW ORLEANS — (Mealey's) The federal judge in Louisiana overseeing litigation stemming from the explosion of the Deepwater Horizon oil rig in April 2010 and ensuing oil spill in the Gulf of Mexico issued his findings of fact and conclusions of law today with regard to Phase One of the trial...

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking

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) and U.S. Environmental Protection Agency (USEPA...

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...

BP Agrees To Pay $18.7 Billion To Resolve Claims Over Gulf Oil Spill

NEW ORLEANS — (Mealey’s) BP Exploration & Production Inc. will pay $18.7 billion over the course of 18 years to resolve Clean Water Act (CWA) and natural resource damages claims from the federal government and states of Alabama, Florida, Louisiana, Mississippi and Texas stemming from...

Williams Mullen: Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. | With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in the...