Waters Of The U.S.

Alert: New Regulations and Permit Requirements for Wetlands and Waters of the State

State Water Resources Control Board: New Regulations and Permit Requirements for Wetlands and Waters of the State On June 17, 2016, the State Water Resources Control Board (“State Water Board”) proposed a regulatory and permitting framework for wetlands not otherwise covered by the federal Clean Water Act. The State Water Board had previously recognized that […]

Supreme Court: Jurisdictional Determinations are Subject to Immediate Judicial Review

High Court Holds That Jurisdictional Determinations are Subject to Immediate Judicial Review On May 31, 2016, the United States Supreme Court issued its highly-anticipated ruling in United States Army Corps of Engineers v. Hawkes Co., Inc., holding that the Army Corps of Engineers’ jurisdictional determinations (“JD”) are final agency actions subject to immediate judicial review. […]

Mitchell Chadwick Helps Win Approval of Largest Mitigation Bank in California

Mitchell Chadwick Helps Win Approval of Largest Mitigation Bank in California Mitchell Chadwick LLP, working with Land Veritas, owner of the Petersen Ranch Mitigation Bank and WRA, Inc. are pleased to announce that the Lahontan Regional Water Quality Control Board, Los Angeles Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California Department of […]

Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality

Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality Earlier this week, U.S. Supreme Court Justice Anthony Kennedy called the Clean Water Act “arguably unconstitutionally vague.” This was a welcome hint on the future of the rule for landowners, project proponents and other critics of U.S. EPA’s new Waters of the U.S. Rule, which defines the […]

The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review

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 […]

Join Us At The 2016 Mining & Land Resources Institute

2016 Mining and Land Resources Institute Event Details / Conference Website HERE. Event type: Conference Date: March 10th and 11th Speaker: Braiden Chadwick and Chris Powell Topic: 2015-2016 Mining and Public Lands Update Venue: Atlantis Casino Resort Spa Address: 3700 S Virginia St, Reno, NV 89502 Mitchell Chadwick LLP partner, G. Braiden Chadwick, will be speaking […]

Join Us at the 2016 California Wetlands Conference!

2016 California Wetlands Conference Event Details / Conference Website HERE Event type: Conference Date: March 3rd and 4th Speaker: Braiden Chadwick  Topic: “Regulations, Processes, and Discussion of the Industry from the Owner/Operator Perspective” Venue: Hotel Nikko Address: 222 Mason Street, San Francisco, California 94102 Mitchell Chadwick LLP partner, G. Braiden Chadwick, will be speaking on a panel […]

Sierra Club Requests to Intervene in Clean Water Act Challenge

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

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

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 […]

Contact Us

  • This field is for validation purposes and should be left unchanged.