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When Regulatory Oversight Becomes Inverse Condemnation

Posted on September 21, 2023 by Jeffrey Haynes The Michigan Court of Appeals issued a decision that may upend.... Read More

EPA Proposes the Use of AI to Identify Enforcement Targets

Posted on September 20, 2023 by Stephen Gidiere As far as I know, this headline is false.  But is.... Read More

A new battle is brewing in the war over the reach of the Federal Clean Water Act, this one over EPA’s new Section 401 Water Quality Certification rule

Posted on September 19, 2023 by Jeffrey Porter EPA is publishing its final rule specifying the role of States.... Read More

The Clean Water Act might now have a broader reach in States that challenged EPA’s and the Corps’ pre-Sackett WOTUS rule than in those that didn’t.

Posted on September 15, 2023 by Jeffrey Porter Sam Hess of Inside EPA reports that EPA and the Corps of.... Read More

EPA Must Consult With Other Agencies Before Issuing Water Quality Criteria: Is This an Example of Congressional Use of Behavioral Economics?

Posted on September 6, 2023 by Seth Jaffe Last month, Judge John Hunderaker held that the Endangered Species Act.... Read More

Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?

Posted on August 15, 2023 by Seth Jaffe Yesterday, the plaintiffs prevailed in the Montana climate litigation.  Time will.... Read More

The ESA Goes Trekkie

Posted on August 15, 2023 by Rick Horder I can hear the music in my ear, and the voice:.... Read More

Disasters and Environmental Laws – Have We Learned Our Lesson?

Posted on August 14, 2023 by Steven Miano I recently had the opportunity to speak at a State University.... Read More

Does EPA Have Authority to Include Narrative Criteria in NPDES Permits? Yes, For Now.

Posted on August 3, 2023 by Seth Jaffe Earlier this week, the 9th Circuit Court of Appeals affirmed EPA’s.... Read More

What’s All the Chatter About? Does the Supreme Court’s Harvard Opinion Really Endanger Environmental Justice Priorities?

Posted on July 26, 2023 by Heidi Friedman As so many of my professional circles eagerly awaited the Supreme.... Read More