31 Aug, 2023 Instead of complaining about EPA's definitions of Waters of the United States, perhaps Congress might supply one of its own? By Jeff Porter Sam Hess's report in Inside EPA paints a nuanced picture of the apparently never ending controversy over the reach of the Clean Water...
30 Aug, 2023 EPA & the Corps have published their 10th attempt to determine the reach of the Clean Water Act. Litigation is certain to follow. By Jeff Porter Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal...
29 Aug, 2023 I'm not sold on EPA's explanation for why it says "if" it designates PFOA and PFOS as hazardous substances rather than "when" By Jeff Porter One of the two things in EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye also caught the eye of Suzanne...
25 Aug, 2023 The Federal Government says the 6th Circuit and 1st Circuit now have different Superfund rules but the Supreme Court shouldn't do anything about that! By Jeff Porter Anyone who has been practicing environmental law for more than a few years has had a case requiring a dive into the black hole that is...
24 Aug, 2023 PFAS Rulings in South Carolina & Michigan shine a light on the fact we have no idea what removing PFAS from our environment is going to cost By Jeff Porter This week Judge Gergel tentatively approved the $1.2 billion settlement between DuPont (and related companies) and water suppliers now...
23 Aug, 2023 I guess it makes sense that the Navy would need a Clean Water Act permit to fire munitions if the Forest Service needs one to fight fires! By Jeff Porter Inside EPA is reporting that Potomac Riverkeeper and the United States Navy are discussing a settlement of the NGO's lawsuit alleging...
21 Aug, 2023 An Employment Match: Are Dating Apps the New Recruiting Device? By Jennifer B. Rubin The recent Wall Street Journal piece about the use of online dating apps for employment networking explored what happens when people in...
18 Aug, 2023 Two things about EPA's National Enforcement and Compliance Initiative for PFAS that caught my eye. By Jeff Porter After less than a month on the job EPA Office of Enforcement and Compliance Assurance (OECA) Chief David Uhlmann this week released a...
18 Aug, 2023 Securities Lawsuit Against Retailer Due to Losses Allegedly Caused By Conservative Boycott Due to Company's Embrace of Pro-LGBTQ Values By Jacob H. Hupart This week, an investor brought a lawsuit against Target Corporation in connection with allegedly "false and misleading statements...
17 Aug, 2023 Building a Proactive Mental Health Strategy in the Workplace By Mike Flesuras What are best practices businesses and HR professionals can use to foster and maintain the mental wellbeing of employees? The answer to...
16 Aug, 2023 SEC Possibly Conducting Industry Sweep of ESG Investment Funds By Jacob H. Hupart It has been publicly reported that the SEC's Enforcement Division has been "sen[ding] document requests, including subpoenas" to asset...
15 Aug, 2023 Montana Judge Rules That Youth Plaintiffs' Right to a Healthy Environment Includes Consideration of the Impact of GHG Emissions and Climate Change By Jacob H. Hupart Today, a state court judge in Montana issued a long-awaited ruling in which the court found that the "Plaintiffs have a fundamental...
11 Aug, 2023 Was invoking the major questions doctrine really necessary for a 4th Circuit panel to agree fish aren't pollutants covered by the Clean Water Act? By Jeff Porter This week, in North Carolina Coastal Fisheries Reform Group, et al., v. Capt. Gaston LLC, a three judge panel of the Fourth Circuit Court...
09 Aug, 2023 DEI by Deliberate Design By Jennifer B. Rubin The recent Wall Street Journal article about the Supreme Court's affirmative action decision and its potential to chill corporate...
08 Aug, 2023 The Nantucket NIMBY's Clam Shack suit and the Martha's Vineyard NIMBY's Vineyard Wind suit seem to be over but these 2 rights don't negate the wrong! By Jeff Porter The dog days of summer are apparently seeing the end of NIMBY lawsuits brought by Nantucket and Martha's Vineyard residents; the former...
03 Aug, 2023 Will EPA's 9th attempt to determine the reach of the Clean Water Act be the charm? The Waters Advocacy Coalition doesn't seem to think so. By Jeff Porter Last week the Waters Advocacy Coalition sent to the heads of the Environmental Protection Administration and the Corps of Engineers many...