LexisNexis® Legal Newsroom
LexisNexis® Environmental Law and Climate Change Community Podcast: Brad Marten on the U.S. Supreme Court Decision in Sackett v. EPA.

On this edition, Brad Marten of Marten Law in Seattle discusses the U.S. Supreme Court's decision in Sackett v. EPA . The unanimous high Court found that an Idaho couple could appeal an administrative compliance order issued by the EPA under the Clean Water Act. Mr. Marten explains the background...

Marten Law: In Second Obama Term, Expect Significant Changes to Energy and Environmental Law

By Marten Law PLLC Excerpt from the Commentary: This Emerging Issues Analysis from Marten Law provides an overview of the major changes to energy and environmental laws that the Obama Administration is expected to advance in the next four years. There is already a backlog of pending legislation...

State Net Capitol Journal Legislative Updates: Senate Passes Water Resources Development Act – Omnibus Water Infrastructure Legislation

SNCJ SPOTLIGHT - STATES CAN ONLY WATCH AS CONGRESS TACKLES MAJOR ISSUES THAT IMPACT THEM Last Wednesday, the Senate endorsed SB 601, the Water Resources Development Act, the first omnibus water infrastructure legislation since 2007. The $12.5 billion bill, dubbed WRDA, would authorize U.S. Army Corps...

EPA Attempts to Expand its Reach and Re-Define Waters of the United States

After substantial time and review, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers proposed its long-anticipated rule-making establishing a new regulatory definition of the term “waters of the United States.” This definition, if adopted...

Congress Tries to Reign in US EPA Rulemaking on Waters of the United States

By Katerina E. Milenkovski On September 9, 2014, the United States House of Representatives passed H.R. 5078 , a bill that would prohibit EPA and the U.S. Army Corps of Engineers from finalizing the Waters of the United States rulemaking that was proposed earlier this year. The bill, which was...

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 and Corps Define “Waters of The United States”

By: Channing J. Martin EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by EPA, the 297-page document...

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...

Federal Court Preliminarily Enjoins EPA and Army Corp Waters of the United States Final Rule

On August 27, 2015, a federal district judge in North Dakota, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], preliminarily enjoined the final rule of the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (ACOE), titled "Clean Water...

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...

EPA Enjoined From Enforcing New WOTUS Rules

Last month, the United States Circuit Court of Appeals for the Sixth Circuit, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], pushed aside jurisdictional questions and issued a stay, effective nationwide, blocking implementation of the “Waters of the United...