Mintz

01 Nov, 2024

EPA's Most Recent Draft NPDES General Permit Could Earn It Another Trip to the Supreme Court

By Jeff Porter

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...

26 Jul, 2024

EPA's exclamation that PFAS are unsafe in minute concentrations is turning out to have serious ramifications for many, including EPA.

By Jeff Porter

Lara Beaven of Inside PFAS Policy reports that Maine farmers have joined litigation against the Environmental Protection Agency for not...

20 Jun, 2024

EPA and the Corps have won one in North Carolina but their most recent Waters of the United States rule isn't nearly out of the woods yet.

By Jeff Porter

Judge Boyle of the Federal District Court for the Eastern District of North Carolina has denied the Pacific Legal Foundation's client an...

12 Jun, 2024

Brian McGrory has a good point about the resolution of the Nantucket Clam Shack NIMBY controversy, but there's another lesson to be learned here

By Jeff Porter

Some of you may recall my earlier reports on Nantucket NIMBYs' efforts to deny local Chef Gabriel Frasca the opportunity to deliver fried...

16 Apr, 2024

Tony Bennett may have left his heart in San Francisco but the City's appeal of its NPDES permit is on its way to the United States Supreme Court

By Jeff Porter

Juan-Carlos Rodriguez is reporting on DOJ's and EPA's brief arguing that the Supreme Court should leave alone a split Ninth Circuit...

25 Mar, 2024

EPA's Safer Communities by Chemical Accident Prevention Rule will almost certainly be challenged and EPA is the underdog in the legal fight to come

By Jeff Porter

EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a...

15 Mar, 2024

The Sacketts' lawyers have a new client and it seems like a visit to the Supreme Court is in their future!

By Jeff Porter

Last August, when EPA and the Army Corps of Engineers published their tenth attempt to determine the jurisdictional reach of the Clean...

27 Feb, 2024

The City and County of San Francisco are about to deliver EPA & the Ninth Circuit their 3rd consecutive Clean Water Act defeat in the Supreme Court

By Jeff Porter

The United States Supreme Court isn't done with the Clean Water Act and EPA's interpretation of it. This month the City and County of...

11 Jan, 2024

Another PFAS Clean Water Act Citizen Suit and there may be thousands more of these fish in the barrel.

By Jeff Porter

Lara Beaven of Inside PFAS Policy is reporting on another PFAS citizen suit under the Federal Clean Water Act. This one, by Tennessee...

10 Jan, 2024

The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next?

By Jeff Porter

Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the...

04 Jan, 2024

We already knew many Federal Judges weren't deferring to EPA, now the 10th Circuit Court of Appeals isn't deferring to Judges either.

By Jeff Porter

Just before the holidays I wrote about three Judges of the Fifth Circuit Court of Appeals who decided, over the Army Corps of Engineers'...

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...

19 Dec, 2023

The monumental PFAS settlements with water suppliers aren't out of the woods but give the Judge, Class Counsel, and Defense Counsel an "A+" for effort

By Jeff Porter

Many of the nation's public water suppliers and certain manufacturers of PFAS used in fire fighting foam are one step closer to massive...

11 Dec, 2023

Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation Authority there!

By Jeff Porter

You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has...

27 Nov, 2023

EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the Clean Water Act

By Jeff Porter

Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the...

15 Nov, 2023

Half of the United States have now thrown everything but the kitchen sink at EPA's and the Corps of Engineers' WOTUS rule. What happens next?

By Jeff Porter

When EPA and the Corps of Engineers published their tenth attempt to determine the reach of the Federal Clean Water Act, I said the only...