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South Carolina Court Decision Makes The WOTUS Rule Effective In 26 States
Last Thursday, in South Carolina Coastal Conservation League v. Pruitt, South Carolina Federal District Court Judge Norton issued an order which made the Waters of the United States (WOTUS) Rule
United States
28 Aug 2018
2
Supreme Court Declines Review Of Second Circuit Decision Reinstating EPA Water Transfers Rule
The Supreme Court has declined to review the U.S. Court of Appeals for the Second Circuit's January 2017 decision in Catskill Mountains Chapter of Trout Unlimited, Inc. et al. v. U.S. EPA ...
United States
28 Feb 2018
3
AG Sessions Issues Policy Prohibiting Third Party Payments In Settlement Agreements
Attorney General Jeff Sessions recently issued a memorandum rolling out a new policy prohibiting settlement payments to third parties.
United States
19 Jun 2017
4
Suit Against EPA Claims CWA Violations For Approving Virginia's Water Quality Assessment Integrated Report
Yesterday a group of organizations with ties to the Shenandoah River sued the EPA claiming that EPA violated the Clean Water Act (CWA) by approving Virginia's 2014 305(b)/303(d) Water Quality...
United States
13 Jun 2017
5
EPA Sets Out Plans For WOTUS Replacement
As previously reported, President Trump has issued an Executive Order calling on EPA and the U.S. Army Corps of Engineers (Corps) to formally review the "Clean Water Rule" also known as the Water of the United States (WOTUS) Rulemaking.
United States
27 Apr 2017
6
Trump And Zinke Orders Set Stage For Review Of Federal Mitigation Policy
Among the provisions of President Trump's March 28, 2017, Executive Order "Promoting Energy Independence and Economic Growth" is the repeal of President Obama's Presidential Memorandum entitled "Mitigating Impacts on Natural Resources..."
United States
12 Apr 2017
7
Trump Issues Executive Order Compelling EPA And The U.S. Army Corps Of Engineers To Formally Review WOTUS
In a brief ceremony yesterday, President Trump signed an Executive Order requiring EPA and the U.S. Army Corps of Engineers to review the final "Clean Water Rule,"...
United States
10 Mar 2017
8
FWS Lists Rusty Patched Bumble Bee As Endangered
On January 11, the U.S. Fish and Wildlife Service (FWS) published its final listing of the Rusty Patched Bumble Bee as endangered under the Endangered Species Act (ESA).
United States
18 Jan 2017
9
4th Circuit Clarifies Application Of Clean Water Act Permit Shield, Requires Strict Permit Compliance
The Circuit Court held that Fola was not entitled to the protections of the permit shield because the company did not comply with the conditions of its permit...
United States
18 Jan 2017
10
U.S. Army Corps Of Engineers Releases First Ever Proposed Rule Governing Use Of Its Reservoirs For Water Supply
This is an important regulatory development coming from the Corps in the evolving role of the federal government in water supply management.
United States
5 Jan 2017
11
Trump To Announce Oklahoma Attorney General Scott Pruitt, Frequent EPA Challenger, As Next EPA Administrator
On Wednesday, President-Elect Donald Trump's transition team announced that Trump will name Oklahoma Attorney General Scott Pruitt as the next Administrator of the U.S. Environmental Protection Agency.
United States
15 Dec 2016
12
EPA Releases Environmental Justice 2020 Action Agenda
EPA has released "EJ 2020 Action Agenda," its action plan for addressing environmental justice ("EJ") for 2016 through 2020.
United States
9 Nov 2016
13
EPA Foregoes ESA Consultation On Final Cadmium Water Criteria, Says Consultation More Appropriate During State Adoption
In its response to comments calling for a Section 7 consultation under the Endangered Species Act ("ESA") for its recently revised Cadmium Water Criteria, EPA determined that the appropriate time for ESA consultation...
United States
12 Apr 2016
14
FWS And NMFS Joint Habitat Protection Rules And Policy Changes
The U.S. Fish and Wildlife Service and the National Marine Fisheries Service have finalized two joint rule modifications and one joint policy change regarding the Services' interpretations of "critical habitat"...
United States
12 Feb 2016
15
US Fish And Wildlife Service Proposes Revised Methodology For Prioritizing Status Reviews, Announces Findings On 17 Petitions
The U.S. Fish and Wildlife Service (FWS) recently announced a draft methodology for prioritizing species status reviews and 12-month findings for species listings under the Endangered Species Act (ESA).
United States
20 Jan 2016
16
Final 4(d) Rule For Northern Long-Eared Bats Provides Needed Certainty, Additional Requirements For Wind Facilities
On January 14, 2016, the Fish and Wildlife Service finalized a rule exempting certain types of "take" of northern long-eared bats from the requirement to obtain an incidental take permit...
United States
18 Jan 2016
17
White House Issues New Mitigation Guidance, Including "Net Benefit" Goal
The White House has issued a Presidential Memorandum to several federal agencies regarding policies and principles for mitigating environmental impacts from land and water-disturbing activities.
United States
24 Nov 2015
18
EPA Revises Rule Governing State Water Quality Standards Review And Approval Process
On August 21, 2015, EPA issued a final rule revising its regulations governing the development, review and approval of state water quality standards ("WQS") (40 CFR Part 131).
United States
15 Sep 2015
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