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Foley Hoag LLP
SCOTUS outlined seven factors "that may prove relevant.
As faithful readers know, one Federal District Court Judge in Arizona reached the opposite conclusion two weeks ago.
EPA's post-Maui statement on the reach of the Federal Clean Water Act has joined other regulations and guidance applying the Clean Water Act from the Obama and Trump Administrations on the ash heap of history.
The Biden Administration's "whole of government" approach to advancing environmental justice (EJ) continues apace, with agencies and courts pursuing focused enforcement and ...
In yet another front of the multifaceted government campaign against climate change, the House Oversight Committee is now investigating the major oil companies and the principal fossil fuel industry lobbying groups ...
Earlier this week, Vermont became the latest state to file a lawsuit against the major oil companies featuring allegations focusing on climate change.
Taft Stettinius & Hollister
In a recent decision, the Seventh Circuit clarified that to qualify for "apportioned" — rather than "joint-and-several" — liability under CERCLA § 107(a) a defendant must show that there is a factually...
Phelps Dunbar
The Clean Water Act (CWA) was enacted to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters."
Cozen O'Connor
A group of 17 Democratic AGs, led by Washington AG Bob Ferguson, filed an amicus brief in the U.S. Court of Appeals for the Eighth Circuit in support of Minnesota's position...
McLane Middleton, Professional Association
Smoke and haze from more widespread wildfires is affecting parts of the northeast. Should I be worried about the effects of air quality on my health?
A new study by the U.S. Department of Energy supports a dramatic expansion in solar energy development, finding that solar energy could comprise as much as 40 percent of U.S. electricity supply within the next 15 years.
Bryan Cave Leighton Paisner LLP
As with many other states, Arizona has begun taking certain measures to address per and polyfluoroalkyl substances in drinking water and firefighting foam.
Arnold & Porter
Two federal agencies are gearing up to release new policies, ostensibly to bring long-awaited clarity and predictability on one of the thorniest issues in National Environmental Policy Act...
Arnold & Porter
The courts decided 47 cases under the New York State Environmental Quality Review Act (SEQRA) in 2020.
Foley Hoag LLP
Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration's Navigable Waters Protection Rule. I also asked "what's next"?
Winston & Strawn LLP
Since 2015, the Clean Water Act's definition of "waters of the United States" has often depended on what state you live in.
Taft Stettinius & Hollister
For years, parties have relied on the Bona Fide Prospective Purchaser (BFPP) defense as a smart way to acquire property while protecting themselves from liability...
Masuda, Funai, Eifert & Mitchell, Ltd.
The EPA further stated that without receiving this specific information from commenters, the EPA "will be unlikely to extend the compliance dates again."
In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed new regulations...
Sheppard Mullin Richter & Hampton
The U.S. District Court for the District of Arizona on August 30 vacated the 2020 Navigable Waters Protection Rule (NWPR) that redefined "waters of the United States" for purposes of Clean Water Act jurisdiction.
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