16 Dec, 2024 EPA is out with a new rule about the delegation of "dredge and fill" permitting authority. Will any states care? By Jeff Porter The US Environmental Protection Agency (EPA) is out with a new rule about how a state can go about assuming EPA's and the US Army Corps...
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...
16 Oct, 2024 Justice Kagan, if "some people like less prescriptive standards" why haven't any members of the regulated community said so in San Francisco v. EPA? By Jeff Porter Today the United States Supreme Court heard from lawyers representing the City and County of San Francisco and lawyers for the United...
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...
03 Jun, 2024 A Louisiana Judge may strike down another EPA Clean Water Act regulation and the Supreme Court would likely see it the same way. By Jeff Porter Several “red” states and three energy industry NGOs have filed a motion for summary judgment in their Louisiana Federal Court challenge...
28 May, 2024 Life's tragedy is we get old too soon and wise too late. Words that are going to be ringing in EPA's ears after its next visit to the Supreme Court. By Jeff Porter As predicted in February, our nation's highest court is about to hear its third Clean Water Act in four years. Anyone who doubts the...
22 May, 2024 Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites. By Jeff Porter EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is...
10 May, 2024 EPA may avoid a nationwide injunction against its most recent WOTUS rule, but the rule is still in hot water. By Jeff Porter Sam Hess of Inside EPA has a fulsome report on EPA's everything but the kitchen sink attempt to avoid a nationwide freeze of its most...
17 Apr, 2024 EPA & the Army Corps of Engineers have less ability to protect wetlands than they've had in 40 years but Florida still isn't satisfied By Jeff Porter We're approaching the first anniversary of the Supreme Court's decision in Sackett v. EPA holding that, contrary to the view of EPA and...
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...
20 Mar, 2024 Governor Abbott says Texas isn't bound by the oldest Federal environmental law. He's about to learn what he should have learned in middle school. By Jeff Porter Law 360 is reporting on yesterday's hearing in the United States' litigation against the State of Texas to cause the removal of an...
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...
05 Mar, 2024 My Mom would say that, when it comes to PFAS, the Judicial Panel on Multi District Litigation's eyes were bigger than its stomach! By Jeff Porter A little over five years ago, the Judicial Panel on Multidistrict Litigation gave Federal Judge Richard Gergel of South Carolina the...
01 Mar, 2024 The DoD has played a card that only it has in the AFFF litigation but it won't get it out of PFAS purgatory By Jeff Porter Lara Beaven, of Inside PFAS Policy, has an excellent report on the Defense Department's motion to dismiss claims for injunctive relief...
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...