17 Nov, 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...
13 Jul, 2022 The Supreme Judicial Court's Boston Municipal Harbor Plan ruling Is EXACTLY the same as the Supreme Court's West Virginia v. EPA ruling! By Jeff Porter Massachusetts's Supreme Judicial Court has agreed with a Superior Court Judge that the Massachusetts Department of Environmental...
06 Jun, 2022 The Supreme Court is shrinking its deferential strike zone and the reach of key environmental laws will almost certainly shrink as a result By Jeff Porter Regardless of your perspective on the respective roles of Congress, the President and the Courts in creating federal environmental law,...
31 Aug, 2021 Another Judge Who Couldn't Care Less What EPA Thinks -- Will the Chaos Created In Arizona Spread? By Jeff Porter News this morning that an Arizona Federal District Court Judge has done what many of us expected would happen eventually -- purport to...
24 Aug, 2021 Another NGO Asks a Federal Appeals Court to Manage EPA. What's Next? By Jeff Porter Inside EPA reports that a Pacific Northwest NGO has asked the Ninth Circuit Court of Appeals to order the United States Environmental...
17 Aug, 2021 With Friends Like These . . . Another Federal Appeals Court Takes Clean Water Act Enforcement out of EPA's hands By Jeff Porter This week the Sacketts of Idaho were handed their most recent litigation defeat by a three judge panel of the Ninth Circuit Court of...
08 Jul, 2021 Refining and funding Clean Water Act implementation would be a great golden anniversary present to the Waters of the United States! By Jeff Porter Thanks Lara Beaven, of Inside EPA, for this piece explaining well how citizen suits in Federal Court are eclipsing the efforts of EPA to...
06 Jul, 2021 Do we want EPA to do its Clean Water Act job and, if so, what will it take? By Jeff Porter This morning brings reports of a Ninth Circuit petition for review of EPA's Clean Water Act NPDES Multi-Sector General Permit because an...
28 Jun, 2021 Judicial deference is alive and well in the Commonwealth of Massachusetts By Jeff Porter For most of my legal career people have been predicting an end to the doctrine of judicial deference that has, since the early 1980s,...
14 May, 2021 Another 1st Circuit Decision Deferring to Agency Judgment in an Environmental Case By Jeff Porter Yesterday Judge Lynch, writing for herself and the other First Circuit judges who seem to be handling all the environmental cases...
05 Apr, 2021 When will we have a 21st Century Plan for our Waterfront? By Jeff Porter As many of you already know a Superior Court Judge has overturned Boston's Downtown Municipal Harbor Plan only because it was approved by...