On-Demand Webinar | Regulatory Uncertainty and Linear Infrastructure Projects: Where Are We and What’s Ahead?
CCUS: Understanding The Class VI Permitting Process
Federal Contracting Overseas: Insider Tips for Ensuring Compliance with Host Country Laws
On-Demand Webinar | Charting a Course for Offshore Wind Energy in California
Wiley Webinar: Biotech Briefings – U.S. Department of Agriculture – Plant Pests and Importation Part 330
Jones Day Talks: Developments in Germany's Wind Power Regulations
[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
How Trump's Infrastructure Plan Impacts the Energy Industry
The Koontz Decision: Limits Conditions a Government can Impose on Developers
Supreme Court Hands Landowners a Major Victory - Nossaman's Brad Kuhn
Do you know the restrictions for a probationary driver in New Jersey?
California Lawmakers Making a Strong Push to Ban Hydraulic Fracturing
Sam Hess of Inside EPA and many others are writing about EPA's Halloween Trick or Treat – the publication of a draft Clean Water Act NPDES General Permit that would apply to “commercial, industrial and institutional”...more
Today, the Supreme Court of the United States granted certiorari in one case: San Francisco v. EPA, No. 23-753: This case involves interpretation of the federal Clean Water Act (CWA) and its National Pollutant Discharge...more
Over three years ago, the Trump administration’s Environmental Protection Agency (EPA) gave Clean Water Act 404 permitting powers to the State of Florida. A few days ago, a judge at the U.S. District Court for the District of...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) in a November 20th Opinion addressed an issue involving the applicability of the Section 402 Clean Water Act National Pollutant Discharge Elimination...more
The United States Environmental Protection Agency (“EPA”) is issuing for public comment draft guidance on applying the United States Supreme Court decision in County of Maui vs. Hawaii Wildlife Fund. EPA had previously...more
Sullivan's Permitting & Land Use Practice Group and Litigation Department have released the second issue of their Zoning and Development Newsletter. The publication aims to provide our firm's clients and others interested...more
Just last week, on October 3, 2022, Sackett v. EPA found itself once again before the U.S. Supreme Court for oral arguments, its first appearance at SCOTUS having been a decade before. In January 2022, when the Supreme Court...more
The U.S. Supreme Court appears poised to replace the "significant nexus" test for whether a wetland is jurisdictional under the federal Clean Water Act (CWA), focusing instead on a long-standing and equally long-debated...more
SCOTUS Shadow Docket Reinstates Trump-Era Clean Water Act Rule - In a 5-4 decision, the United States Supreme Court reinstated a Trump-era environmental regulation related to the States’ enforcement rights under the federal...more
In last year’s Land Use, Environmental & Natural Resources Update 2021 Update, we reported on the U.S. Supreme Court’s decision in County of Maui v. Hawai’i Wildlife Fund (County of Maui), 590 U.S. __; 140 S. Ct. 2778 (2020),...more
On January 24, 2022, the U.S. Supreme Court granted certiorari on a fundamental environmental law question that has lingered for several decades - what is the appropriate definition of "waters of the United States" (WOTUS) in...more
Since the U.S. Supreme Court decided the County of Maui v. Hawaii Wildlife Fund case in April 2020, the legal landscape of "navigable waters of the U.S." has eroded quickly. With Maui, the Supreme Court created a test for...more
The latest season of Clean Water Act (CWA) changes are now streaming from the courts and federal agencies. The Biden administration and lower courts have picked up where prior administrations and the U.S. Supreme Court left...more
Last week, EPA withdrew guidance issued in the waning days of the Trump Administration interpreting the Supreme Court decision in County of Maui v. Hawaii Wildlife Fund. As the masochists who follow the torturous case law we...more
The United States Environmental Protection Agency (“EPA”) rescinded a guidance document it had previously issued titled: Applying the Supreme Court’s County of Maui v. Hawaii Wildlife Fund Decision in the Clean Water Act...more
Last week, District Judge Susan Mollway ruled that the County of Maui must obtain a NPDES permit for discharges to groundwater by the Lahaina Wastewater Reclamation Facility. It is the first trial court decision applying the...more
In a ruling July 15, U.S. District Judge Susan Oki Mollway ordered Maui County to obtain a permit under the Clean Water Act (CWA) consistent with the analysis established by the Supreme Court’s April 2020 ruling that...more
Late yesterday, Federal Judge Susan Oki Mollway, of the District of Hawaii, ruled that the County of Maui needs a Federal Clean Water Act NPDES permit for its groundwater discharge of treated water from its waste water...more
Late last year, the Environmental Protection Agency (“EPA”) issued a draft guidance intended to assist regulated entities and permitting authorities in applying the U.S. Supreme Court’s decision in County of Maui, Hawaii v....more
On 14 January 2021, the U.S. Environmental Protection Agency (EPA) issued a guidance memorandum on the application of the U.S. Supreme Court’s 23 April 2020 decision in County of Maui v. Hawaii Wildlife Fund (Maui)....more
On April 23, 2020, the Supreme Court of the United States issued a groundbreaking ruling in County of Maui v. Hawaii Wildlife Fund, 140 S. Ct. 1462 (2020), holding that a National Pollutant Discharge Elimination System...more
Draft guidance from the US Environmental Protection Agency provides a clearer look at how the agency intends to apply the US Supreme Court's "functional equivalent" analysis to determine when National Pollutant Discharge...more
On Tuesday, December 8, 2020, the U.S. Environmental Protection Agency (EPA) issued a Draft Guidance Memorandum attempting to place the recent Supreme Court decision in County of Maui v. Hawaii Wildlife Fund “into context...more
On December 8, 2020, U.S. EPA announced issuance of draft guidance to clarify its view of how the U.S. Supreme Court’s recent County of Maui v. Hawaii Wildlife Fund decision should be applied to its Clean Water Act National...more
On December 12, the United States Environmental Protection Agency (EPA or the Agency) issued draft guidance to clarify the application of the “functional equivalent” test created by the United States Supreme Court in County...more