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“The Major Questions Doctrine” by the Supremes

Posted on February 17, 2022 by Ridge Hall On January 13, 2022, the Supreme Court stayed OSHA’s emergency temporary.... Read More

The Aftermath of McGirt

Posted on June 4, 2021 by L. Mark Walker In 1997, Jimey McGirt, an enrolled member of the Seminole.... Read More

Mississippi Hasn’t Got a Chance (Bless its Heart), But its Original Action Against Tennessee is Still a Case to Watch

Mississippi thinks Tennessee is stealing its groundwater, and it has filed an original action in the United States Supreme.... Read More


Posted on January 26, 2021 by Dick Stoll On January 19, 2021, the D.C. Circuit issued its long-awaited decision on the.... Read More

Leaving on the Midnight Train to Maui (Going Back to Find a Simpler Place in Time)

Posted on January 21, 2021 by Allan Gates With apologies to Gladys Knight & the Pips: It is not unusual for.... Read More

“Keep Makin’ Bacon” Indiana’s Right to Farm Act Statute Upheld As Constitutional

Posted on January 11, 2021 by Chris Braun Indiana, like every other State, has adopted a Right to Farm Act to.... Read More

EPA Is The CERCLA Gatekeeper: Plaintiffs Need EPA Approval To Seek State Court Damages For Restoration

Posted on June 3, 2020 by Theodore Garrett Landowners seeking restoration damages in state courts, at sites where there is a.... Read More

SCOTUS Has Spoken: Kinda Sorta Direct Discharges Need A Permit

Posted on May 1, 2020 by Theodore Garrett On April 23 the Supreme Court announced its decision in County of Maui v..... Read More

County of Maui Decided: Groundwater Discharges Require Permit . . . Sometimes

Posted on April 27, 2020 by Rick Glick On April 23, in a 6-3 opinion, the U. S. Supreme Court decided.... Read More

The Supreme Court’s Decision in County of Maui v. Hawai’i Wildlife Fund – The Answer to the Yes or No Question is Maybe

Posted on April 24, 2020 by Jeffrey Porter The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i.... Read More