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...
22 May, 2024 Clean Energy Developers Beware! EPA will prosecute you for runoff from your solar farm sites. By Jeff Porter EPA issued a press release yesterday that caught my eye and if you're in the business of building things, including solar projects, it is...
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...
25 Mar, 2024 EPA's Safer Communities by Chemical Accident Prevention Rule will almost certainly be challenged and EPA is the underdog in the legal fight to come By Jeff Porter EPA picked another Clean Water Act fight with the United States Supreme Court last week and I don't understand why EPA thinks it is a...
20 Mar, 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...
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...
10 Jan, 2024 The Navy is going to get a Clean Water Act NPDES permit authorizing its firing of munitions. What's next? By Jeff Porter Sam Hess of Inside EPA is reporting that the U.S. Navy has agreed to apply for a Federal Clean Water Act NPDES permit authorizing the...
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...
11 Dec, 2023 Oppenheimer isn't the only Los Alamos blockbuster this year. EPA has another one with its exercise of its Residual Designation Authority there! By Jeff Porter You may have thought the movie Oppenheimer would be the only blockbuster involving Los Alamos, New Mexico this year. But now EPA has...
06 Dec, 2023 Now a Federal Judge in Louisiana will determine the validity of EPA's interpretation of Section 401 of the Clean Water Act By Jeff Porter When EPA published its most recent rule specifying the role of States and Tribes in the Federal permitting of discharges into Waters of...
27 Nov, 2023 EPA's new Maui Functional Equivalence Guidance is guidance in name only as confusion continues to reign over the reach of the Clean Water Act By Jeff Porter Just before the Thanksgiving holiday EPA issued draft guidance regarding when a discharge of a “pollutant” to groundwater is the...
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...
08 Nov, 2023 These NGOs shouldn't be allowed to second guess what Congress & the President say is in our interests in the face of our climate emergency. By Jeff Porter Law 360 is reporting this morning on an NGO petition to the Army Corps of Engineers demanding that it not apply a Nationwide Permit...
17 Oct, 2023 Could the longest running controversy in environmental law be entering its last years? By Jeff Porter Sam Hess of Inside EPA is reporting that Democrats in the House of Representatives and the Senate might be ready to work on legislation...