Breaking Down the Latest Decision in the Purdue Pharma Case
Hooper, Kearney and Macklin on Cutting Edge Topics in the False Claims Act
The Briefing by the IP Law Blog: Trademark Infringement - Tiffany & Co. Versus Costco
Podcast: Non-binding Guidance: A Discussion of Kisor v. Wilkie
Last week a DC Federal Judge vacated EPA's approval of the State of Florida's application to assume the Army Corps of Engineers' authority to issue “dredge and fill” permits under Section 404 of the Federal Clean Water Act....more
Earlier this week, the 10th Circuit Court of Appeals vacated EPA’s disapproval of Montana’s regional haze plan for the PacifiCorp’s Wyodak power plant. The basis for the disapproval was an issue near and dear to my heart. ...more
A United States District Court (District of Columbia) (“Court”) in a March 4th Opinion addressed the Farm Service Agency’s (“FSA”) compliance with the National Environmental Policy Act (“NEPA”). See Dakota Rural Action, et...more
On Wednesday, April 6, the U.S. Supreme Court in a 5-4 decision stayed a Northern District of California Court decision that both remanded and vacated EPA Trump-era rules regarding water quality certification of projects...more
Permit applicants who have pending applications with the U.S. Army Corps of Engineers (“Army Corps”) may have received word in the last two weeks that the Army Corps has paused finalization of any permit decisions that relied...more
Late last week, Judge William Alsup vacated the Trump-era EPA amendments to the regulations governing water quality certifications under section 401 of the Clean Water Act. EPA had requested remand, and made clear that it...more
A recent decision by the U.S. District Court for the District of Arizona vacated and remanded the 2020 Navigable Waters Protection Rule (NWPR) issued by the Environmental Protection Agency (EPA) and U.S. Army Corps of...more
In a recent decision, a federal judge in Arizona vacated the Trump Administration’s Navigable Waters Protection Rule (NWPR) and remanded the rulemaking back to U.S. Environmental Protection Agency and the U.S. Army Corps of...more
In 2005 the Corps of Engineers adopted a Regulatory Guidance Letter (RGL) providing that an “approved jurisdictional determination” (AJD) “will remain valid for a period of five years, unless new information warrants revision...more
As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency...more
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, effectively...more
On August 30, 2021, the United States District Court for the District of Arizona issued an order vacating the Navigable Waters Protection Rule and remanding the rule back to U.S. EPA and the U.S. Army Corps of Engineers. The...more
On August 30, 2021, Judge Marquez of the U.S. District Court for the District of Arizona vacated the U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers’ (“Corps”) (collectively “Government...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 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
In April, the United States Supreme Court issued a landmark ruling clarifying the reach of the federal Clean Water Act. The Court decided that a discharge of pollutants from a point source to groundwater is subject to...more
On April 23, 2020, the United States Supreme Court clarified and expanded when a person is obligated to obtain a discharge permit under the federal Clean Water Act (Act)....more
As we have reported in previous articles, controversy over whether the Clean Water Act (CWA) regulates discharges of pollutants that travel through groundwater into surface waters has led to significant litigation across the...more
The Supreme Court’s most recent voyage into Clean Water Act (CWA) jurisprudence came in County of Maui, Hawaii v. Hawaii Wildlife Fund, 590 U. S. ____ (2020) (Slip Op.), which concerned whether CWA permits are required in...more
The Situation: The Supreme Court held that a discharge through groundwater that is the functional equivalent of a direct discharge to navigable waters requires a Clean Water Act permit. The Result: Some discharges to...more
On April 23 the Supreme Court announced its decision in County of Maui v. Hawaii Wildlife Fund (No. 18-260), which addressed the fundamental issue of what is a discharge to navigable waters requiring a permit under the Clean...more
On 23 April 2020 the Supreme Court, in a 6-3 opinion written by Justice Stephen Breyer, waded carefully into the very-muddied waters of Clean Water Act (CWA) jurisprudence when it issued a new test to determine when the...more
Justice Breyer used the above folksy culinary analogy in County of Maui v. Hawaii Wildlife Fund, decided April 23, 2020, to explain why a NPDES permit could be required for the discharge of wastewater to groundwater and then...more
In a busy week for environmental decisions, the Supreme Court of the United States ruled on April 23, 2020 on its second major case, County of Maui v. Hawai’i Wildlife Fund, finding a middle ground in its 6-3 decision on...more
Uncertainty has long reigned over the reach of the federal Clean Water Act, which applies to “navigable waters,” defined by statute only as “waters of the United States.” Over the last several decades of debate about federal...more