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Environmental Blog

What U.S. Army Corps of Engineers v. Hawkes Co., Inc. Might Mean for the Corp’s JD Program and Clean Water Act Enforcement

The Supreme Court dealt the Obama Administration another Clean Water Act loss on May 31, 2016, ruling unanimously that landowners can more quickly go to court to challenge the federal government when it claims Clean Water Act jurisdiction over their property. 

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  • 11
  • May
  • 2016

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EPA Accused of Deceiving District Court Regarding Blending and Mixing Zone Policies Under CWA

The most recent development in EPA’s struggle with challenges to its ‘blending’ and ‘mixing zones’ policies is interesting, to say the least. On May 2, 2016, in a Freedom of Information Act (“FOIA”) lawsuit in the District Court for the District of Columbia, EPA was accused by plaintiff Hall & Associates (H&A) of misleading the court when it submitted a declaration that the plaintiffs characterized as “a complete and utter fabrication.”

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  • 06
  • May
  • 2016

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Enviros Launch New Assault Against RCRA E&P Exemption

On May 4, 2016, the National Resources Defense Council (NRDC), the Environmental Integrity Project (EIP), Earthworks, and three other environmental groups filed a complaint in the U.S. District Court for the District of Columbia pursuant to the Resource Conservation and Recovery Act (RCRA).  The suit seeks to compel the U.S. Environmental Protection Agency (EPA) to review, and, if necessary, promulgate revised regulations and guidelines for the disposal, storage, transportation, and handling of oil and natural gas wastes.  

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Sixth Circuit Declines to Revisit Its Decision to Keep Jurisdiction Over WOTUS Litigation

On Thursday, April 21, the full Sixth Circuit denied six petitions for en banc rehearing of a three-judge panel’s February 2016 decision that the court of appeals has jurisdiction to hear challenges to the controversial Waters of the United States (“WOTUS”) rule. The decision is a disappointment for states and industry groups, who seek to litigate the rule in district courts across the country.

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White House Announces Another Plank in its Environmental Platform - Plan for a Sustainable Water Future

As it looks down the home stretch of its second term, the Obama Administration has been steadily ramping up measures to solidify its environmental legacy, particularly with its climate change agenda. Linked to its climate change measures is a recent Administration announcement of a program for addressing challenges with the use, conservation, and availability of water in the United States. The White House believes that the country will experience more frequent, intense, and longer droughts because of climate change impacts.

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