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…
Water Regulations
TDEC Solicits Comments on Antidegradation Guidance Document
The Tennessee Department of Environment and Conservation ("TDEC") is soliciting comments on its new Antidegradation Guidance Document. The document, dated July 19, 2016, was made…
New Flint Indictments Just in Time for the Holidays
On December 20, 2016, Michigan's Attorney General announced additional indictments in the Flint water crisis. The indictments against two former emergency managers and two former…
Drinking Water Contamination in Flint and Other Communities Reveals Much More Extensive Problems
Flint, Michigan's problems with lead in its drinking water have been well documented, and this has prompted reports of similar problems detected in other communities,…
Avoiding A Water Crisis Similar to That of Flint Will Require Both Technical and Practical Effort
The problems with the quality of drinking water in Flint, Michigan, are not necessarily an isolated collection of failures. From a technical standpoint, the potential…
Some Things Upcoming in 2016
As the New Year begins, a number of issues will compete for attention from Congress and the courts, and we may even get some final…
Sixth Circuit Issues Nationwide Stay of Clean Water Rule
The U.S. Court of Appeals for the Sixth Circuit issued a nationwide stay of the controversial EPA/Corps of Engineers Clean Water Rule which was effective…
Flint Water System Troubles May Signal Numerous, Potentially Broad-Ranging Problems
For the City of Flint, Michigan, the immediate problem is that the water it provides its citizens is not safe to drink. For many other…
State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule
Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that…
New Rule Defining “Waters of the U.S.” Draws New Battle Lines Between the Federal Government and States
The Environmental Protection Agency ("EPA") and U.S. Army Corps of Engineers ("Corps") published their Final Rule defining "waters of the United States" on June 29,…