LexisNexis® Legal Newsroom
Jenner & Block: EPA Issues New NEPA Mapping Tool

By E. Lynn Grayson, Partner, Jenner & Block EPA has issued a new online mapping tool, NEPAssist, to assist federal agencies in evaluating possible NEPA environmental review obligations. NEPAssist is one of five pilot projects selected by the White House Council on Environmental Quality to advance...

State Net Capitol Journal Legislative Updates: Polar Bear and Arctic Wolf Buy Votes in Battle For Presidential Election

ENVIRONMENT: The U.S. Environmental Protection Agency approves a plan by COLORADO officials to improve the state's air quality. Officials say the plan will cut overall greenhouse gas causing emissions 70,000 tons by 2018 (DENVER POST). • FLORIDA officials formally authorize an $880 million cleanup...

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...

Ballard Spahr Legal Alert: Supreme Court Ruling May Lead to More Landowner Challenges of Land Use Regulations, Fees

By the Ballard Spahr LLP Zoning and Land Use Team The U.S. Supreme Court recently issued a ruling in a long-running land use case holding that “extortionate demands” by the local government entity constituted illegal interference with a property owner/developer’s right to just...

Jenner & Block: Louisiana Flood Protection Board Sues Energy Companies For Damage To Wetlands

By Allison Torrence , Associate, Jenner & Block On July 24, 2013, the Board of Commissioners of the Southeast Louisiana Flood Protection Agency – East, sued approximately 100 oil and gas production and pipeline companies in state court. The lawsuit alleges that the defendants have been using...

Walking on Eggshell Skulls: Louisiana's Levees Take on the Oil and Gas Industry Over Coastal Land Degradation

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. Florida distastefully remembers 2005 when 4 hurricanes – Charley, Frances, Ivan, and Jeanne - roared ashore, all within six weeks. Delaware worries that 8-11% of the state will...

swamp new orleans Louisiana wetlands

Fenster on Land Use Exactions Takings & the Impact of the U.S. Supreme Court's Decision in Koontz v. St. Johns River Water Management District

By Professor Mark Fenster What will be the impact of the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District on the regulatory conditions called exactions common to land use regulation? Professor Mark Fenster analyzes the Court's decision, including the...

Wetlands and Agriculture: An Overview of Swampbuster

"Swampbuster." It is a fun word. However, it can cause some not-so-fun repercussions for farmers who violate its rules protecting wetlands. Swampbuster is the term used for the federal law that discourages farmers from altering wetlands by withholding federal farm program benefits from any...

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...

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...

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...

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...

SCCCL and Lamont-Doherty Release New Collaborative Working Paper on “Scientific and Legal Integrity in Advancing a Land-Degradation Neutral World”

It is no secret that the fight against desertification isn’t going well. In the two decades since the United Nations Convention to Combat Desertification came into force, desertification has worsened considerably. Many within the desertification community and beyond are calling for a fresh approach...

Administrative Watch: EPA Issues New Rule on Definition of Waters of the United States

On May 27, 2015, the United States Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) released the long-awaited final rule redefining the extent of the agencies’ jurisdiction over “waters of the United States” (WOTUS) under the Clean Water Act...

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...

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “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 their highly anticipated final revision to the definition of “waters of the United States.” Commonly referred to as the “Clean...

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...

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...

Waters of the U.S. Rule on Nationwide Hold

The U.S. Court of Appeals for the Sixth Circuit has stayed nationwide application of a controversial rule designed to clarify what water bodies and wetlands are subject to federal Clean Water Act regulation in a 2-1 decision, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...