20 Dec, 2023 An early Christmas present from three Fifth Circuit Judges who concluded a Louisiana property is not subject to Federal Clean Water Act Jurisdiction By Jeff Porter Garry Lewis owns 2000 acres in Livingston Parish, Louisiana and he has been fighting with the Army Corps of Engineers over whether any of...
03 May, 2023 Confucius said life is really simple but we insist on making it complicated. That brings us to EPA's announcement yesterday about the Clean Water Act. By Jeff Porter While we were all patiently waiting for the United States Supreme Court's opinion (or opinions) in Sackett v. EPA, Bloomberg Environment...
08 Mar, 2023 EPA's Clean Water Act "Congressional Purpose" Chicken Roosts in South Carolina By Jeff Porter Law360 is reporting that a Federal District Court Judge in South Carolina is allowing NGOs, including the South Carolina Coastal...
04 Oct, 2022 More on the Supreme Court's most recent tangle with the Clean Water Act By Jeff Porter Bobby Magill of Bloomberg has published a concise summary of the two hours in the Supreme Court yesterday during which attorneys for the...
03 Oct, 2022 The Sacketts' second day in the nation's highest court is over. What's next? By Jeff Porter This morning the Supreme Court of the United States heard from the Sacketts of Idaho for the second time. For sixteen years the Sacketts...
14 Jun, 2022 EPA isn't giving up on the significant nexus test but there's already a lot of water under that bridge! By Jeff Porter Surprising no one, lawyers for EPA and the US Army Corps of Engineers have implored the Supreme Court to affirm the Ninth Circuit Court...
12 Apr, 2022 I doubt the Supreme Court will adopt the Sacketts' test for determining Clean Water Act jurisdiction but the "significant nexus" test is in trouble By Jeff Porter Yesterday the Sacketts of Idaho shared with the United States Supreme Court, and the rest of us, their proposed definition of the...
23 Nov, 2021 Now that you mention it, why don't we have a "Comprehensive National Wetland Protection Act"? By Jeff Porter The Dean of Environmental Law bloggers, Seth Jaffe, does me the honor of a thoughtful response to my concern about whether EPA's and the...
15 Oct, 2021 Baby Steps Toward a New WOTUS Rule By Jeff Porter In What About Bob, a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru...
26 Aug, 2021 Protecting coastal communities from a GHG supercharged climate isn't just about the money By Jeff Porter We know it is going to cost millions if not billions of dollars to protect our coastal communities from the rising seas and storm surge...
23 Aug, 2021 Extra Time For States In Clean Water Act Match Unlikely To End By Jeff Porter One of the many things I've never understood about soccer (football in the rest of the world) is that the referee can decide, or not, to...
02 Aug, 2021 EPA and the Corps of Engineers are heading down the Waters of the United States regulatory road this summer. Will they ever reach their destination? By Jeff Porter Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick...
29 Jun, 2021 Yes, let's "legislatively define" WOTUS! By Jeff Porter Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the...
10 Jun, 2021 When it comes to the Waters of the United States, EPA thinks the eighth time will be the charm By Jeff Porter This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden Administration...