The Energy Law Blog

JULY 6, 2007

Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. In the guidance, EPA and the Corps explain how they will approach jurisdictional determinations in light of the Rapanos decision. United States , 126 S.

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E2 Law Blog

NOVEMBER 8, 2021

In the environmental context, a person might not have “clean air” for many reasons. Unless this new section 19 is read by the New York courts in a way different from the way they have read the other 18 sections of the Bill of Rights, section 19 will not give the person whose air is dirty a right to sue the polluter directly.

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The Energy Law Blog

MAY 26, 2023

Supreme Court decision in Sackett v. 21-454 (May 25, 2023) is a landmark ruling in environmental law interpreting the scope of water bodies covered by the Clean Water Act (CWA) – an issue that has been debated by courts, presidential administrations, and federal agencies for decades.

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Ohio Environmental Law

FEBRUARY 4, 2020

On January 23rd, the Trump Administration released the final version of the rule which defines which waters are protected under the Clean Water Act. The new rule is called the Navigable Waters Protection. It replaces the prior Obama Administration rule referred to as WOTUS- “Waters of the United States.”

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Ohio Environmental Law

MAY 8, 2020

On January 23, 2020, the Trump Administration released the final version of the Navigable Waters Protection Rule (NWPR), which defines which waters and wetlands are protected under the Clean Water Act. The NWPR replaces the Obama Administration’s “Waters of the United States” (WOTUS) rule.

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Law Columbia

MARCH 6, 2018

Federal Court Denied Oakland and San Francisco Motions to Return Climate Change Nuisance Cases to State Court; Found Federal Common Law of Nuisance Could Apply, Despite AEP v. The court dispensed with the cities’ three primary arguments for remanding the cases. HERE ARE THE ADDITIONS TO THE CLIMATE CASE CHART SINCE UPDATE # 107.

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Arnold Porter

AUGUST 26, 2021

The court directed the parties to file an update on the progress of their negotiations by September 3, 2021. The lawsuit is pending in the federal district court for the Northern District of California. EPA said remand would allow the Agency to revisit certain legal, policy, and scientific assumptions, approaches, and decisions.

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Law Columbia

JUNE 8, 2021

In Baltimore’s Climate Case Against Fossil Fuel Companies, Supreme Court Held that Appellate Review of Remand Order Extends to All Grounds for Removal. In a 7-1 decision, the U.S. The Court’s decision concerned the interpretation of 28 U.S.C. In addition, the Court cited its decision in Yamaha Motor Corp.,

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ESA

MAY 4, 2023

ESA & ESAL Webinar “Protecting Waterways for Healthy Communities and Ecosystems” – Monday, May 8 at 2:00 pm Join ESAL and ESA to learn how science and policy intersect to protect waterways, hear from local advocates for ecologically sound practices, and discuss the potential impact of an ongoing Supreme Court Case. Register here.

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Law Columbia

AUGUST 4, 2021

Washington Supreme Court Said Climate Activist Was Entitled to Present Necessity Defense Based on Evidence that Legal Alternatives Were Not “Truly Reasonable”. The Supreme Court reversed an intermediate appellate court’s decision affirming a superior court determination that the defendant could not present a necessity defense.

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Legal Planet

FEBRUARY 7, 2024

It’s no wonder that one EPA staffer’s reaction to the Supreme Court ruling was a single word: “Heartbroken.” ” In 2023, the Supreme Court ended fifty years of broad federal protection to wetlands in Sackett v. Supreme Court strikes down a rule covers any wetland or pond used by migratory birds.

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Arnold Porter

JUNE 2, 2021

A consent decree entered by the federal district court for the Northern District of Georgia required Home Depot U.S.A, ” The parties recommended that the court set a briefing schedule for the motion to remand, with the motion due on May 28. Litigation. Home Depot) to pay a $20.75 N:Neighbors for Envtl. 20-72091 (9th Cir.

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Law Columbia

JULY 2, 2021

Louisiana Federal Court Blocked Biden Administration “Pause” on New Oil and Gas Leases. The federal district court for the Western District of Louisiana issued a nationwide preliminary injunction barring the Biden administration from implementing a “Pause” on new oil and natural gas leases on public lands or in offshore waters.

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ESA

NOVEMBER 22, 2021

Offered each year, this award gives graduate students hands-on training and science policy experience including interacting with congressional decision-makers, federal agency officials, and ecologists who work in the science and public policy arena. That decision is on appeal, though, and could be reversed. or WOTUS. “In United States.

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ESA

JUNE 14, 2021

EPA announced plans to repeal and replace the Trump administration’s Navigable Waters Rule. US Fish and Wildlife Service reverses Endangered Species Act rules. Appeals court rules that US Fish and Wildlife Service improperly denied protections for Pacific walruses. Executive Branch. International. Scientific Community.

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Arnold Porter

JUNE 2, 2021

The decision to move forward comes after Klain issued a memo on January 20, 2021 directing agencies to halt publication of rules in the Federal Register until they can be reviewed and approved by a Presidential appointee or their designee. EPA is unlikely to stop with drinking water regulations for PFOA and PFOS.

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ESA

JANUARY 31, 2022

Supreme Court to hear Clean Water Act case. The Biden administration announced this is it revisiting that decision in 2021. Clean Water Act: In what will be one of the most important final environmental rulings in the history of the U.S., In the case, the Court will hear, Sackett v.

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ESA

APRIL 5, 2021

EPA: Administrator Michael Regan disbanded the membership of both the Clean Air Scientific Advisory Committee (CASAC) and the Scientific Advisory Board. The courts eventually threw out this rule. EPA – Pesticide Registration Review; Proposed Interim Decisions for Several Wood Preservative Pesticides; Notice of Availability.

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ESA

JUNE 1, 2021

Legislative updates: The House Oversight and Reform Committee approved the Preventing a Patronage System Act ( H.R This bill responds to an executive order from President Trump to create a “schedule F” category for federal employees, who would be easier to fire. The Trump administration finalize this rule in January 2021.

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