Energy & Environmental Law Blog

Energy & Environmental Law Blog

Analyzing the critical energy and environmental issues of the day

Tag Archives: CWA

Trump Track: WOTUS Wrangle

Posted in Trump Track, Water Law
We have strange bedfellows, as business groups, states and environmentalists maneuver before the Supreme Court over the Obama Administration regulation defining “waters of the US” (“WOTUS”) under the Clean Water Act (CWA). Organizations supporting and opposing the rule all argue that the Court should overrule the decision of the Sixth Circuit Court of Appeals holding… Continue Reading

Opposition Builds to Proposed Federal Clean Water Act Rules

Posted in EPA, Federal, Rulemakings, Water Law
Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA has been one of the most intractable issues in environmental law over the past decade. Recently proposed rules by the… Continue Reading

Those Dam Polluters!

Posted in Electric Power, Environmental Quality, Health and Safety, Natural Resources, Northwest, Oil & Gas, Water Law
The Columbia and Snake River federal network of dams, and the abundance of low cost electricity it produces, has long been the cornerstone of the Pacific Northwest manufacturing economy.  It has also supported another industry—the legions of lawyers fighting over the environmental effects.  The latest iteration is an attack brought by Columbia Riverkeepers against the… Continue Reading

Do We Really Have A Section 404 Permit?

Posted in EPA, Federal, Water Law
The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s (“EPA”) invalidation of a discharge permit issued four years prior by the United States Army Corps of Engineers (“USACE”).  The decision effectively… Continue Reading