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
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
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
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
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
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
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
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
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
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 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
4/24/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States
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
12/3/2018
/ Conservation ,
Critical Habitat ,
Economic Impact Analysis ,
Endangered Species ,
Endangered Species Act (ESA) ,
ESA Listings ,
Judicial Review ,
Private Property ,
SCOTUS ,
US Fish and Wildlife Service ,
Weyerhaeuser Company v United States Fish and Wildlife Service
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
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
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
1/9/2013
/ Biofuel ,
China ,
Clean Tech ,
Fiscal Cliff ,
Investment Tax Credits ,
Offshore Wind ,
Production Tax Credit ,
REIT ,
Renewable Energy ,
Solar Energy ,
Wind Power
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