On April 17, we posted about the federal district court for Montana vacating the Nationwide Permit (NWP) 12 and enjoining the Army Corps of Engineers’ authorization for the use of
Continue Reading Federal Judge in Montana Narrows Vacatur of Nationwide Permit 12
Permitting
Significant Environmental Cases in Pa. Courts During 2018 (Part 2)
By Greenberg Traurig, LLP on
Part 2 of this series on the large number of environmental cases decided by the Pennsylvania appellate courts in 2018 discusses enforcement, the Oil and Gas Act, valuation, and a…
Continue Reading Significant Environmental Cases in Pa. Courts During 2018 (Part 2)
Successive Owners and an Obligation to Restore a Stream
By David Mandelbaum on
Earlier this month, the Pennsylvania Commonwealth Court decided Becker v. Department of Environmental Protection, No. 560 C.D. 2017 (Pa. Commw. Ct. Dec. 1, 2017), a case focused primarily on…
Continue Reading Successive Owners and an Obligation to Restore a Stream
Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
By Paul M. Seby on
In a previous post we predicted that the U.S. Supreme Court would affirm an Eighth Circuit decision holding that a landowner can obtain immediate judicial review of a wetlands “jurisdictional…
Continue Reading Further Update on Challenging Wetlands Permitting Decisions – the Latest Ruling in Hawkes
FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?
By Steven C. Russo on
FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?
On Dec. 4, 2015, President Obama signed the Fixing America’s Surface Transportation Act, also…
Continue Reading FAST Act Implementation Progress: An Important Tool for Expediting Energy Projects for the Incoming Trump Administration?
Federal Court Rejects Citizen Suit to Force Stormwater Permitting Program
By Hamilton Hackney III on
Last week, a federal district court in Rhode Island dismissed a citizen suit that sought to radically expand Clean Water Act stormwater permitting programs. In Conservation Law Found’n v. U.S. …
Continue Reading Federal Court Rejects Citizen Suit to Force Stormwater Permitting Program
U.S. EPA Declines to Require Permits for Stormwater Discharges from Commercial Properties
By Hamilton Hackney III on
How to regulate stormwater discharges from impervious areas such as parking lots remains a hotly disputed environmental issue. Most recently, U.S. EPA Region 9 rejected a petition filed by environmental…
Continue Reading U.S. EPA Declines to Require Permits for Stormwater Discharges from Commercial Properties
Multiple Challenges Filed Against Massachusetts Small MS4 Stormwater General Permit
By Hamilton Hackney III on
The long odyssey of the Massachusetts Small MS4 stormwater general permit continues – the latest chapter involving four separate appeals filed in two courts seeking to modify the permit’s terms. …
Continue Reading Multiple Challenges Filed Against Massachusetts Small MS4 Stormwater General Permit
Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
By Kerri Barsh & John V. Chibbaro on
On May 31, 2016, in a unanimous ruling, the United States Supreme Court held that the Army Corps’ determination as to whether “protected waters,” subject to Clean Water Act regulations,…
Continue Reading Supreme Court Allows Immediate Challenges to Army Corps’ Clean Water Act Determinations
Massachusetts Takes Important Step Towards Clean Water Act Permitting Delegation
By Hamilton Hackney III on
Massachusetts Governor Charlie Baker has filed legislation that moves Massachusetts one step closer to a long-desired goal: authorization to administer the Clean Water Act NPDES permitting program. Currently, Massachusetts is…
Continue Reading Massachusetts Takes Important Step Towards Clean Water Act Permitting Delegation