News & Analysis as of

NGOs US Army Corps of Engineers Environmental Protection Agency (EPA)

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EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water.

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Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most recent definition of Waters of the United States in litigation filed by a North Carolina...more

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Was invoking the major questions doctrine really necessary for a 4th Circuit panel to agree fish aren't pollutants covered by the...

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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 Court Judge that when shrimpers use nets to catch...more

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And then there was one -- The Judge in Texas joined the Sixth Circuit Court of Appeals in staying another challenge to EPA's "old"...

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Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more

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EPA's Clean Water Act "Congressional Purpose" Chicken Roosts in South Carolina

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Law360 is reporting that a Federal District Court Judge in South Carolina is allowing NGOs, including the South Carolina Coastal Conservation League, to continue their Clean Water Act citizen suit against the Army Corps of...more

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