March 31, 2016 | Category:
Land Use,
Lawsuit,
News | Tags:
appeal,
california land use,
court case,
environmental group,
Land Use Law,
lawsuit,
mitchell chadwick llp,
Water,
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Waters Of The U.S.The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review In the days before oral argument before the U.S. Supreme Court regarding the ability of the U.S. Army Corps of Engineers (“ACOE”) to claim jurisdiction over bodies of water, the ACOE emphasized the inability for its jurisdictional determinations to be challenged. The […]
December 30, 2015 | Category:
Land Use,
Lawsuit,
News | Tags:
appeal,
california land use,
court case,
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land use,
Land Use Law,
mitchell chadwick llp,
Water,
Water Law,
Waters Of The U.S.Sierra Club Requests to Intervene in Clean Water Act Challenge The Sierra Club recently filed a motion to intervene in a court challenge regarding the new Waters of the United States rule (WOTUS). In short, the rule seeks to redefine which waters receive federal protection under the Clean Water Act. The United States Environmental […]
EPA Engages In ‘Covert Propaganda’ To Promote New ‘Waters Of The United States’ Rule The Government Accountability Office issued a report on December 14th concluding that the Environmental Protection Agency (EPA) violated federal law by using ‘Covert Propaganda’ and social media to promote its “waters of the United States” rule under the Clean Water Act. […]
Sixth Circuit to Consider Crucial Jurisdictional Issue Relating to Scope of Clean Water Act The US Court of Appeals for the Sixth Circuit will hear oral arguments about whether federal district courts have jurisdiction to hear challenges to President Obama’s rule broadening the application of the Clean Water Act. In May, the Environmental Protection Agency […]
November 12, 2015 | Category:
CEQA,
Endangered Species,
Land Use,
Lawsuit,
News | Tags:
california land use,
CEQA,
court case,
Endangered,
endangered species,
environmental group,
Land Use Law,
lawsuit,
WaterFish Before People: Environmentalists sue over Sacramento River and Shasta Dam A cadre of environmental groups filed a lawsuit yesterday against the Interior Department for allegedly mismanaging California’s water supplies to the detriment of salmon. The Natural Resources Defense Council and other groups argue that the Bureau of Reclamation has violated the Endangered Species Act […]
New Waters of the U.S. Rule Halted Nationwide The 6th Circuit, in a 2-1 decision filed on October 9, 2010, halted nationwide the application of the Environmental Protection Agency and U.S. Army Corps of Engineers’ new definition for waters of the U.S. under the Clean Water Act. Barring further appellate review or the conclusion of […]
Army Corps Handed Court Defeat Even as More States Challenge New Rule Jurisdictional Determination IS a “Final Agency Action” that can be challenged in court On Sept. 8th, the Obama administration asked the Supreme Court to review the Eight Circuit’s decision in Hawkes v. Corps. In Hawkes, a landowner sought a jurisdictional determination from […]
August 31, 2015 | Category:
Land Use,
Lawsuit,
News,
Oil and Gas | Tags:
court case,
environmental group,
Fracking,
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Land Use Law,
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mitchell chadwick llp,
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oil and gas,
WaterEnviros Threaten EPA: Tighten Drilling Regulations or Get Sued On August 26, 2015, a consortium of environmental groups led by the Environmental Integrity Project and the Natural Resources Defense Council gave the Environmental Protection Agency (“EPA”) official notice of their intent to sue and compel the agency to update its regulations on drilling waste. The […]
EPA and Army Corps Publish Final Rule on Definition of Waters of the United States After two years of debate and controversy, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) published a Final Rule on what defines Waters of the United States (80 FR 124: 37054-37127). The Final Rule […]
May 29, 2015 | Category:
Land Use,
Lawsuit,
News,
Press Releases | Tags:
Braiden Chadwick,
california land use,
court case,
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Water,
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Waters Of The U.S.Federal Power Grab: Obama Administration Expands Federal Jurisdiction of Waters of the United States On May 27th, 2015, the Obama Administration expanded federal jurisdiction of waterways and drinking water supplies when it issued the Final Rule under the Clean Water Act. The Final Rule is widely seen as growing federal regulation by expanding the definition […]
