U.S. EPA Releases COVID-19 Enforcement Guidance
In a much-anticipated memo dated March 26, 2020, the U.S. EPA shares “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program.” The seven-page memo, from…
Environmental Law Matters
EPA Issues Final Rule Defining Waters of the United States: Distinguishing Federal Waters from State Waters
On January 23, 2020, the Environmental Protection Agency and the United States Army Corps of Engineers (the “Agencies”) issued the “Navigable Waters Protection Rule” as…
Eleventh Circuit Rejects Environmental Groups’ Effort to Challenge Alabama NPDES Permitting Program Authority
The Alabama Department of Environmental Management can finally breathe a sigh of relief, as the Court of Appeals for the Eleventh Circuit issued an opinion…
EPA Speaks On Groundwater Permitting Issue
On April 15, 2019, the U.S. Environmental Protection Agency (“EPA”) released a much-anticipated Interpretative Statement on Releases of Pollutants from Point Sources to Groundwater. Last…
EPA Administrator Nomination Confirmed by Senate While EPA Defends Recent Analysis Showing Decline in Enforcement
The Senate narrowly confirmed Andrew Wheeler as Administrator of the Environmental Protection Agency on Thursday, February 28, 2019, by a vote of 52-47. No Democrats…
SCOTUS Will Decide Scope of Clean Water Act Jurisdiction
On February 19, 2019, the Supreme Court of the United States issued an order granting review of the Ninth Circuit’s decision in County of Maui…
EPA Enforcement Actions Down Substantially
EPA enforcement actions as reflected by the amount of assessed civil penalties have dropped substantially during the first two years of the Trump Administration. (Washington…
Solicitor General Urges SCOTUS to Resolve Groundwater Circuit Split
On January 3, 2019, the U.S. Solicitor General filed a brief urging the Supreme Court to grant certiorari in County of Maui v. Hawaii Wildlife…
EPA Proposes Revising Mercury and Air Toxics Standards for Power Plants
On December 27, EPA proposed to revise the cost finding associated with the Mercury and Air Toxics Standards (MATS) along with the risk and technology…
SCOTUS Seeks Views of Solicitor General in Groundwater Cases
On December 3, 2018, the Supreme Court of the United States took a rare step in specifying a deadline by which the U.S. Solicitor General…