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Article
Fourteen Months Later And Still Waiting For Any Court To Apply SCOTUS's Maui Functional Equivalence Test
In April of 2020, Justice Breyer, delivering the Supreme Court's opinion in Maui v. Hawaii Wildlife Fund, told us that "the traditional common-law method, making decisions that provide examples...
United StatesEnvironment
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Article
In A Much-Anticipated Ruling, New York Appellate Court Dismisses Green Amendment Claims
A New York intermediate appellate court has dismissed claims brought by a nonprofit for alleged violations of New York's Environmental Rights Amendment, also called the Green Amendment.
United StatesEnvironment

Beveridge & Diamond, P.C.

Instead Of Complaining About EPA's Definitions Of Waters Of The United States, Perhaps Congress Might Supply One Of Its Own?

Sam Hess's report in Inside EPA paints a nuanced picture of the apparently never ending controversy over the reach of the Clean Water Act. I can't help but offer a few reactions.

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Just Add Water (Part 4) Or With Friends Like This...

Yesterday, the Sacketts of Idaho were handed their most recent litigation defeat by a three judge panel of the Ninth Circuit Court of Appeals.

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Much More Clean Water Act Enforcement Threatened, But EPA Role Remains Murky

Yesterday the Government Accountability Office issued a lengthy report on enforcement of the NPDES provisions of the Federal Clean Water Act permitting discharges to Waters of the United States.

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

New York Issues Suite Of PFAS Response Actions, Including A New Study, Final Guidance, And Draft Policies

The New York State Department of Environmental Conservation (NYS DEC) issued on December 11, 2025, a suite of per- and polyfluoroalkyl substances (PFAS) response actions...

United StatesEnvironment

Bergeson & Campbell

Pennsylvania Announces Proposed New Rule On PFAS Drinking Water Standards

The Pennsylvania Department of Environmental Protection (DEP) recently announced a proposed new regulation that would set a limit for the amount of per- and poly-fluoroalkyl substances (PFAS)...

United StatesEnvironment

Archer & Greiner P.C.

PFAS Legislation In 2021 And Impact In 2022

Per-and-Poly Fluoroalkyl Substances (PFAS) are a broad class of manmade, highly stable chemicals.

United StatesEnvironment

Freeman Mathis & Gary

SCOTUS Leaves Bush-Era EPA Water Transfer Rule Alone

Last week, the United States Supreme Court declined to hear an important water rights case involving whether water can be transferred from one water body without a permit...

United StatesEnvironment

Butler Snow LLP

Surprising No One, EPA's Eighth Attempt To Determine The Reach Of The Clean Water Act Is Now The Law In Less Than Half Of The United States!

With the signatures of two Federal District Court Judges, one in Texas and one in North Dakota, EPA's eighth attempt to determine the jurisdictional reach of the Clean Water Act...

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

The End Of The (Most Recent) WOTUS Beginning?

As an aside, no one is following this quixotic quest more closely than Ms. Beaven.

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Trump Administration To Propose Narrowing "WOTUS"

The Trump administration is expected to announce a new proposed definition of "waters of the United States" (WOTUS) which would reverse the expansions adopted under the Obama administration's controversial WOTUS rule

United StatesEnvironment

Troutman Pepper Locke LLP

Uncertainty Abounds As EPA Works To Reach Any Of The Destinations On Its PFAS Road Map But States Press On

Inside EPA reports today on the concerns of water suppliers needing to remove PFAS from drinking water.

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Was Invoking The Major Questions Doctrine Really Necessary For A 4th Circuit Panel To Agree Fish Aren't Pollutants Covered By The Clean Water Act?

This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court of Appeals agreed with a District...

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Waters Of The United States And Winston Churchill

Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it." Of course he didn't have the nearly four decade long controversy over...

United StatesEnvironment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

A Primer On The Clean Water Act

Lately, I have been asked a lot of questions about the Clean Water Act ("CWA").

United StatesEnergy and Natural Resources

Fox Rothschild LLP

CBP Issues Ruling On Offshore Wind Electrical Cable Installation

US Customs and Border Protection (CBP) recently held that a foreign flagged vessel could install electric transmission cables without violating the coastwise laws.

United StatesEnergy and Natural Resources

Squire Patton Boggs LLP

Clean Water Act Jurisdiction Over Waters Of The U.S. Redefined Yet Again

On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) announced a final rule once again updating the definition of "waters...

United StatesEnergy and Natural Resources

Beveridge & Diamond, P.C.

Conveyance Of Polluted Water Within River Involves No 'Discharge' Under Clean Water Act

The flow of polluted water from a concrete-lined portion of a river into a downstream portion of the same river does not involve a "discharge" for purposes of the Clean Water Act.

United StatesEnergy and Natural Resources

Covered New Jersey Buildings Must Meet New Benchmarking Requirement By December 31

December 31, 2023 marks the final deadline for compliance with the first year of New Jersey's building energy and water benchmarking law.

United StatesEnergy and Natural Resources

Sive, Paget & Riesel

Showing 661–680 of 1637 results

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