Waters Of The U.S.

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 […]

Senate Disapproves of EPA’s Clean Water Rule

Senate Passes Resolution Disapproving EPA’s proposed Clean Water Rule On November 4, 2015, the U.S. Senate passed Senate Joint Resolution 22 disapproving of a federal regulation drafted jointly by the Environmental Protection Agency and U.S. Army Corps of Engineers. Following the United States Supreme Court’s rulings in Solid Waste Agency of Northern Cook County v. […]

Supreme Court To Resolve Split Over CWA Jurisdiction?

Supreme Court To Resolve Split Over CWA Jurisdiction? The U.S. Supreme Court is being asked by several of the original plaintiffs in a Clean Water Act Case, to grant the U.S. Army Corps of Engineers’ request to clear up a circuit split on whether the agency’s jurisdictional determinations over which water bodies are subject to […]

New Waters of the U.S. Rule Halted Nationwide

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

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 […]

Clean Water Rule Halted By N.D. Judge

EPA’s Clean Water Rule Halted By N.D. Judge The U.S. Environmental Protection Agency (EPA) final Clean Water Rule (also referred to as the Water of the United States Rule) was supposed to go into effect on August 28th.  Under the new rule, the scope of waters protected under the Clean Waters Act, including which features […]

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