Oct 16, 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...
Mar 20, 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...
Mar 05, 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...
Feb 06, 2024 EPA's execution of its PFAS road map proves the wheels of justice aren't the only ones that turn slowly. By Jeff Porter While I was on vacation last week, EPA proposed to identify as “hazardous constituents” nine of the “forever chemicals" known...
Dec 20, 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...
May 03, 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...
Apr 04, 2023 EPA's most recent Waters of the United States rule endures a challenge in Kentucky, at least for now. By Jeff Porter Federal District Court Judge Gregory Van Tatenhove has dismissed a lawsuit brought by the Commonwealth of Kentucky and various industry...
Mar 20, 2023 EPA's eighth attempt to define the reach of the Federal Clean Water Act will be the law in no more than 48 of the 50 states (so far) By Jeff Porter Like I said at the beginning of the month, most of us have seen this sad movie before so it is no surprise that EPA's eighth attempt to...
Mar 14, 2023 EPA has concluded that PFAS are an "urgent public health and environmental issue" but everyone isn't on the same page about what happens next. By Jeff Porter EPA continues to make measurable progress toward the milestones it established in its 2021 PFAS road map. It has arranged for an...
Mar 08, 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...
Mar 03, 2023 As EPA continues to move toward identifying PFAS as Hazardous Substances, we continue to put them in the environment. Does that make sense? By Jeff Porter Massachusetts State Representative Kate Hogan seems to make a lot of sense when she says, about the continued widespread use of the...
Nov 17, 2022 Another case in which a non-governmental organization wants a court to tell EPA how to do its job By Jeff Porter Yesterday a three judge panel of the United States Court of Appeals for the District of Columbia heard from lawyers for the Public...
Nov 11, 2022 Harassing EPA in the Courts isn't in our interests even when an NGO like CLF or the CRWA is the Plaintiff By Jeff Porter While many of us were focused on the 2022 elections, the Conservation Law Foundation and the Charles River Watershed Association again...
Oct 04, 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...
Oct 03, 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...
Aug 30, 2022 The DOJ tells the multi-district PFAS litigation Judge what we all already knew -- naming any PFAS "hazardous substances" is a game changer. By Jeff Porter For years almost 2000 plaintiffs have been litigating in Federal Court in South Carolina against dozens of manufacturers and distributors...