In a decision that could open courts up to future litigation, the United States Supreme Court unanimously ruled last week that federal district courts have jurisdiction to hear challenges to rules regarding the definition of “waters of the United States.” The Supreme Court’s decision in National Association of Manufacturers v. Department of Defense held that...Read More

Last Thursday, the D.C. Circuit granted the Environmental Protection Agency (EPA)’s motion to delay oral arguments scheduled on May 18 for litigation filed by an assortment of coal producing companies, which are challenging the agency’s “Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal and Oil Fired Electric Utility...Read More

The expanded definition of the “Waters of the United States” (“WOTUS”) as published in the Federal Register June 29, 2015, will become effective on August 28, 2015. Per EPA, this new rule is in response to the Supreme Court opinions regarding Clean Water Act jurisdiction, and is intended to provide clarity as to which waters are...Read More