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The 4th Circuit Stays Construction of the Mountain Valley Pipeline — A Lesson...
Earlier this week, the 4th Circuit Court of Appeals stayed construction of the Mountain Valley Pipeline. The Court did so with a two-sentence order stating that an opinion would follow. The order was...
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States Really, Really, Must Act on Water Quality Certification Applications...
The saga of judicial efforts to enforce the one-year limit on state review of applications for water quality certifications under Section 401 of the Clean Water Act shows no sign of reaching a...
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Criticizing WOTUS Is Like Shooting Fish in a Barrel
On Wednesday, EPA and the Army Corps of Engineers announced that they plan to revise the definition of “Waters of the United States”. Simultaneously, DOJ moved to remand the Navigable Waters...
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The Sacketts Got Their Day in Court on the Merits; Another Lesson in Being...
Last week, in what may or may not be the last round in the ongoing efforts by Michael and Chantell Sackett to build a house on wetlands in Idaho, the 9th Circuit Court of Appeals found that: EPA...
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The Trump WOTUS Rule Is Vacated; What’s Next?
Yesterday, Judge Rosemary Marquez vacated the Navigable Waters Protection Rule, the misnomer also known as the Trump WOTUS rule. In response to this citizens’ suit challenging NWPR, the Biden EPA and...
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The Trump WOTUS Rule Is Vacated; Now We Know What’s Next
Last week, I reported that Judge Rosemary Marquez had vacated the Trump administration’s Navigable Waters Protection Rule. I also asked “what’s next”? EPA and the Army Corps have now answered that...
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EPA Proposes to Use Science to Identify Waters of the United States. I’m...
Last week, EPA and the Army Corps proposed a new rule to define what constitutes “waters of the United States.” Déjà vu all over again. Under the proposal, the agencies: are exercising their...
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Some “Big Lifts” For Boston to Achieve Its Climate Goals
Earlier this Month, The Boston Foundation released its “Inaugural Boston Climate Progress Report.” Suffice it to say, there’s a lot to do. The Report identifies four “Big Lifts” necessary to...
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EPA and the Corps Promulgate a “Durable” WOTUS Rule — Proving Only That There...
Last week, EPA and the Army Corps finally published their long-awaited rule defining “Waters of the United States.” Will the WOTUS rule finally provide the clarity for which we have been waiting,...
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The Wharf District Council “District Protection & Resiliency Plan”: There’s a...
The Wharf District Council recently released its “District Protection and Resiliency Plan.” My immediate reaction is just a quiet OMG regarding the size of the task. Of course, that’s no excuse for...
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