The Trump Administration, through the EPA and Corps, announced its new regulatory definition for WOTUS on December 11, 2018. Shortly after the government shutdown ended earlier this year, the proposed rule appeared in the February 14, 2019, Federal Register and EPA held a public hearing in Kansas City, Kansas, on February 27th and 28th. Much

On February 19, 2019, the Supreme Court agreed to hear arguments regarding “Whether the CWA [Clean Water Act] requires a permit when pollutants originate from a point source but are conveyed to navigable waters by a nonpoint source, such as groundwater” following a circuit split between the Fourth, Sixth, and Ninth Federal Circuit Court of

On June 29, 2018 and October 8, 2018, we blogged about the dusky gopher frog, an endangered species currently confined to a small area of Mississippi. The U.S. Fish & Wildlife Service designated land in Louisiana as part of the frog’s critical habitat under the Endangered Species Act, even though the frog does not

On June 29, 2018, we blogged about the dusky gopher frog, an obscure endangered species that lives only in a small area of Mississippi. The U.S. Fish & Wildlife Service nonetheless designated several hundred acres in Louisiana as critical habitat, even though the frog has not lived there for over 50 years and could

Manufacturers, processors and formulators of ag chemicals should take note that the U.S. Environmental Protection Agency’s January 25 change to its “once in always in” policy will allow facilities that have historically been regulated as “major sources” of hazardous air pollutants to be reclassified as “area” sources if they have reduced their potential to emit

Since the Clean Water Act was passed in 1972, there has been extensive debate over which waters may be regulated as waters of the United States under the act. Yesterday, Bob Wilkinson explained how this issue came to a head in a recent 9th Circuit opinion and how, in response, EPA is requesting comments on

Today, attorney Megan Caldwell blogged about two recent agency enforcement memoranda impacting the enforcement of environmental violations. You can read the blog post here. This is important to you, as it may change your company’s approach to compliance with certain agency guidance documents, as well as your emphasis on relationships with state environmental agencies

On February 17, 2017, and August 21, 2017, we blogged about this case. The U.S. Fish & Wildlife Service has designated certain land in Louisiana as critical habitat for the dusky frog, even though the frog does not currently inhabit that land and could not survive if it attempted to inhabit it. By