This is by my count the sixth reported OPA cost recovery opinion this year. We normally see about one a year. Four of the six cases come ...

I'm sure the executives at Pebble Mine are recovering from a bit of whiplash this week. The proposed Pebble Mine in Alaska has been contr...

On August 13, the ND of Cal. denied the Sackett's and business intervenors' motions to intervene in the states' challenge to the 2020 WOT...

The two decisions below both arise from the same case in which plaintiff challenged the Corps JD on his property. The JD was performed us...

The reporter Hannah Northey just published an article in E&E on the future of the WOTUS rule that is worth reading. She does a good job o...

Lawyers should always think three times before filing a motion for reconsideration. They rarely succeed. United States v. E.R.R. LLC, 202...

The article below, "Distorting science, putting water at risk" by S. Mazeika Patricio Sullivan, Mark C. Rains, Amanda D. Rodewald, Willia...

The Environmental Protection Network just released a large report that was signed by six former EPA administrators from both parties outl...

It's somewhat unusual to see an award of attorney fees to defendants in a citizen suit case. City of Highland Park v. EPA, 2020 WL 456955...

The North Carolina Dept. of Environmental Quality today denied cert. for the Mountain Valley Pipeline Project. The reason for cert. denia...

I completed my first run at the lengthy new proposal from the Corps to renew its long list of NWPs two years before they expire. (Which m...

By my count, there have now been at least 28 reported cases involving challenges of some sort of challenge to the WOTUS rule, repeal rule...

The Corps yesterday pre-published its proposed NWPs revisions. The current NWPs were not set to expire until 2022, but the Trump administ...

This new case from the Second Circuit was a close-call statutory interpretation case that involved what appears to be some very good lawy...

As I have often pointed out in my various blogposts, the fate of many of the proposed CWA rulemakings hinges on the election and on the ...

OVEC v. Bluestone Coal Corp., 2020 WL 4284804 (S.D.W.V. 2020) (on motion for summary judgment, held that defendant is liable 1,904 days o...

DOJ yesterday issued a memo stating that it would no longer overfile against defendants who have already been sued by a state unless seve...

EPA has announced its new regulatory agenda, and it's comprehensive. Included in it is a plan to rework the 404(c) regulations. I'll cove...

The agencies submit their draft rules to OMB for review before releasing them to the public. So knowing what's at OMB gives us an insight...

Today, a group of 19 states and the District of Columbia filed a complaint in the N.D. Cal. challenging the EPA's recently-promulgated 40...