Jun 10, 2024 Removal of Commissioners, ALJs Does Not Offend Separation of Powers: Tenth Circuit By Sherwet Witherington Charles A. Samuels When the CPSC finds that a product is defective and constitutes a substantial product hazard, it will ask a company to voluntarily...
Jun 01, 2023 Supreme Court Ends Protection for Most Wetlands In The U.S.—But Not In California By Jon Welner The Supreme Court ends protection for most wetlands in the United States... In a sweeping decision, the Supreme Court last week...
Mar 01, 2023 Waters of the United States and Winston Churchill By Jeff Porter Sir Winston Churchill famously said "those that fail to learn from history are doomed to repeat it.” Of course he didn't have the nearly...
Feb 24, 2023 Fewer District Court Judges have been asked to vacate EPA's most recent "Waters of the United States" rule. Is that progress? By Jeff Porter This week Sam Hess of Inside EPA asked me if I had an opinion as to why there were fewer lawsuits (so far) challenging EPA's eighth...
Feb 16, 2023 Instead of criticizing House Republicans for trying to legislatively determine the reach of the Clean Water Act, House Democrats should try it. By Jeff Porter Inside EPA reports that some House Democrats are criticizing their Republican colleagues for attempting to repeal EPA's eighth attempt to...
Sep 15, 2022 The Executive Branch is racing the Supreme Court to a "stable" definition of Waters of the United States but it can't win, only Congress can. By Jeff Porter EPA and the Army Corps of Engineers have asked the White House Office of Management and Budget to review its most recent attempt to...
Jun 14, 2022 EPA isn't giving up on the significant nexus test but there's already a lot of water under that bridge! By Jeff Porter Surprising no one, lawyers for EPA and the US Army Corps of Engineers have implored the Supreme Court to affirm the Ninth Circuit Court...
Jun 03, 2022 EPA's Science Advisory Board says EPA's definition of Waters of the United States is supported by science but will that matter to the Supreme Court? By Jeff Porter A little over a month ago EPA's Science Advisory Board decided "EPA could benefit from SAB review of the science supporting [EPA's]...
Apr 26, 2022 EPA's Science Advisory Board may know a lot about hydrology but it may need a civics lesson! By Jeff Porter Inside EPA's water policy maven, Lara Beaven, is reporting on the EPA's Science Advisory Board's judgment that "EPA could benefit from...
Apr 20, 2022 If you want a sneak preview of the SCOTUS majority opinion in Rapanos (take two) read the Chamber of Commerce's Brief By Jeff Porter Bloomberg has published the United States Chamber of Commerce's amicus brief in the Rapanos case. As many of you know, the Supreme Court...
Jan 24, 2022 Just when EPA thought it was putting its Trump Administration WOTUS interpretation behind it, here comes the Supreme Court of the United States! By Jeff Porter Bloomberg Environment is the first to break the news that the United States Supreme Court has granted the wish of the Sacketts of Idaho,...
Jan 19, 2022 Will Rogers, Farmers and Waters of the United States By Jeff Porter The social commentator Will Rogers famously said that a "farmer has to be an optimist or he wouldn’t still be a farmer." Those words...
Jan 07, 2022 A Snowman Analogy for EPA's WOTUS Effort on the First Snowy Day in Boston! By Jeff Porter Lara Beaven, the excellent reporter on all things having to do with the Clean Water Act at Inside EPA, shares what we might expect from...
Dec 03, 2021 The Best Available Science Only Gets You So Far! By Jeff Porter It has been a busy few weeks in the world of Waters of the United States. I appreciate the feedback I've received on my blogs on the...
Nov 30, 2021 EPA Seeks to Avoid Second Trip to the Supreme Court with the Sacketts By Jeff Porter The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks...
Aug 17, 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...