Section 1122 of the Water Resources Development Act of 2016 directs the Secretary of the Army, no later than 90 days after the enactment of this law (which took place on December 16, 2016), to establish a pilot program to recommend ten projects for the beneficial use of the tons…
On February 1, the Congressional Research Service published a report entitled Evolving Assessments of Human and Natural Contributions to Climate Change. The report traces evolution of scientific understanding and confidence regarding drivers of recent global climate change. Some very useful historical references are provided.
On February 6, the new rule promulgated by the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers which establishes an “applicability date” for the 2015 Rule redefining the regulatory definition of “Waters of the United States,” as used in many Clean Water Act (CWA) rules and as enforced and…
On October 11, 2016, a panel of the U.S. Court of Appeals for the District of Columbia consisting of Judges Henderson and Kavanaugh and Senior Circuit Judge Randolph decided the case of PHH Corp. v. Consumer Financial Protection Bureau. The panel majority held that the structure of Consumer Financial Protection…
In the case of Hawaii Wildlife Fund, et al., v. County of Maui, decided on February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit affirmed the decision of the U.S. District Court for Hawaii that the County of Maui’s longtime use of state-permitted wastewater disposal wells at…
The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have released a pre-publication copy of a Final Rule that was proposed on November 22, 2017 and which will soon be published in the Federal Register. The new rule will establish an “applicability date” for the controversial…
On January 29, the U.S. Court of Appeals for the Tenth Circuit became the latest federal Court of Appeals to issue a ruling reviving federal District Court challenges to the 2015 Environmental Protection Agency’s (EPA)/U.S. Army Corps of Engineers’ (Corps) Clean Water Act (CWA) rule redefining “Waters of the United States.” The…
On January 29, the U.S. Court of Appeals for the Fifth Circuit, in an interesting unpublished ruling, affirmed the District Court’s denial of a motion to vacate an arbitration order of the Civilian Board of Contract Appeals (Board). The Board rejected an appeal made by the Louisiana Department of Natural Resources…
Today, our colleagues Mark Elliott and Kevin Ashe published their Alert titled Getting the Lead Out of California Schools. The Alert discusses California’s new water supply permit requirements and the State Water Board’s Drinking Water for Schools Grant Program, which allocates up to $9.5M in funding to improve access to and the quality…
Today, our colleagues Kevin Ashe, and Eric Moorman posted their Alert titled Natural Resources Agency Launches CEQA Guidelines Rulemaking. The Alert discusses the California Natural Resources Agency’s issuances of a notice of proposed rulemaking (NPRM) on January 26, 2018. The NPRM proposes a comprehensive update to the California Environmental Quality Act (CEQA) Guidelines, Title…