The Continuing WOTUS Saga
On Tuesday, December 7, 2021, the U.S. Environmental Protection Agency and the Army Corps of Engineers published for public comment a proposed rule revising the…
Water Regulations
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…
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…
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…