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...
24 Jun, 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...
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...
17 May, 2024 EPA's heart may be in the right place but it is cruisin' for a bruisin' in San Francisco By Jeff Porter This week our nation's highest court was scheduled to discuss whether to hear the City and County of San Francisco's appeal of a split...
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...
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...
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...
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...