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Refining and funding Clean Water Act implementation would be a great, golden anniversary present to the Waters of the United...

Thanks Lara Beaven, of Inside EPA, for this piece explaining well how citizen suits in Federal Court are eclipsing the efforts of EPA to administer the Federal Clean Water Act....more

Do we want EPA to do its Clean Water Act job and, if so, what will it take?

This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an NGO has concluded EPA should have done more in that permit to prevent the possibility of...more

Following First Circuit Panel's decision, does EPA even matter anymore?

The Conservation Law Foundation will continue its Clean Water Act and RCRA citizen suit against Exxon Mobil alleging violations of those federal laws at Exxon Mobil's Everett facility if a decision yesterday by a three judge...more

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 that in turn lead to ever more...more

Yes, let's "legislatively define" WOTUS!

Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the longest running controversy in environmental law by providing a statutory definition of...more

Judicial deference is alive and well in the Commonwealth of Massachusetts

For most of my legal career people have been predicting an end to the doctrine of judicial deference that has, since the early 1980s, been the law in Federal Courts, and in Massachusetts. That brings me to the Supreme...more

Hope is not a strategy when it comes to fixing the Clean Water Act

Bloomberg News reports this morning that the Justice Department has now done in California what it did in Massachusetts a few weeks ago, asking a Federal Court to end litigation challenging the Trump Administration EPA's...more

Another Post-Maui Case of the Sort the Supreme Court Encouraged

Bloomberg reports this morning that a Washington-based NGO is suing a window manufacturer for its alleged failure to comply with the terms of a NPDES General Permit issued by the State of Washington as authorized by US EPA. ...more

The Darkest Hour is Just Before Dawn -- Day 2 of the Biden Administration's Attempt to Define Waters of the United States

Lara Beaven of Inside EPA reports this morning on reactions to EPA's announcement that it will make an eighth attempt to determine the jurisdictional reach of the Clean Water Act.  Earlier this week EPA asked a Federal...more

When it comes to the Waters of the United States, EPA thinks the eighth time will be the charm

This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden Administration apparently thinks that the eighth time really can be the charm with respect to EPA's...more

The Supreme Court’s Decision in County of Maui v. Hawai’i Wildlife Fund – The Answer to the Yes or No Question is Maybe

The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i Wildlife Fund (https://www.supremecourt.gov/opinions/19pdf/18-260_i4dk.pdf) proves that legislating is best done by the Congress, not the...more

SCOTUS Says Two Wrongs Don't Make a Right for Dusky Gopher Frog

You don’t see a unanimous decision of the United States Supreme Court very often, especially in an environmental case, but that’s what happened this week when the Court held that for an area to be “critical habitat” of an...more

Vapor Intrusion: New Rules by the EPA  [Video]

This video provides background on the EPA’s new rules on vapor intrusion, or the intrusion of chemicals into the air inside buildings. The issue applies to any building constructed on a site that was previously used for...more

Gas Lines to Pipelines: The Case for Comprehensive Federal Energy Legislation

We’ve struggled with the consequences of an insufficient federal energy policy for nearly half a century. From the gas lines of the 1970s to the Keystone XL pipeline controversy of the past several years, the federal and...more

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- January 2013

In the January edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

Energy & Clean Tech Connections: Your Law Firm Link to Industry News -- December 2012

In the December edition of Energy & Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention...more

12/7/2012  /  Biofuel , Clean Tech , Solar Energy , Wind Power
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