Jul 01, 2024 The Supreme Court's Corner Post opinion is another blow to the Executive Branch of our Federal Government, changing everything we thought we knew. By Jeff Porter Just when Federal agencies and Administrative Law Professors thought it couldn't get any worse, the current majority of our nation's...
Jun 24, 2024 Whenever this Supreme Court agrees to review a 9th Circuit interpretation of a law, the outcome is nearly certain. This NEPA case is no exception. By Jeff Porter This morning our nation's highest court agreed to hear an appeal by seven Utah Counties and a railroad company of a DC Circuit Court of...
Jul 12, 2023 And then there was one -- The Judge in Texas joined the Sixth Circuit Court of Appeals in staying another challenge to EPA's "old" WOTUS rule By Jeff Porter Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of...
Jul 10, 2023 Like it or not, what is and isn't a Water of the United States is clearer, but what is and isn't a Diligent Prosecution remains pretty murky By Jeff Porter According to a complaint filed by the United States Environmental Protection Agency and the Georgia Department of Natural Resources, the...
Jun 30, 2023 Now that the Supreme Court has decided Sackett maybe we should leave courts out of the Clean Water Act rule making business for a minute! By Jeff Porter Sam Hess of Inside EPA reports that Idaho, Texas and several NGOs are pressing a District Court Judge in the Lone Star State to decide...
Nov 19, 2021 We have a new EPA definition of "Waters of the United States" but if you were looking for a bright line you're going to be disappointed! By Jeff Porter EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next...
Nov 18, 2021 What are Courts supposed to do when the Executive Branch says it is incapable of doing its job? By Jeff Porter This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn...
Oct 28, 2021 You should care that the First Circuit decided yesterday to reconsider (again) its respect for the role of Federal and State Environmental Regulators By Jeff Porter This week the First Circuit Court of Appeals decided to rehear, en banc, the argument of a Massachusetts-based NGO that a 2014...
Feb 19, 2021 But the very end was sudden, if this really is the end. By Jeff Porter Superfund cases can go on for a bit. In this one, EPA issued a Record of Decision in 2012 selecting a remedy for the Centredale Manor...