News

Battle of the Dusky Gopher Frog

Last month, the U.S. Supreme Court heard oral argument in Weyerhaeuser v. U.S. Fish and Wildlife Service (“USFWS”).  This case could have far-reaching implications curbing federally-designated critical habitat designations by the USFWS. At the heart of this case is the USFWS’ 2012 decision to designate 1,500 acres of private land in Louisiana owned by Markle […]

DOI Secretary Ryan Zinke Under Scrutiny

Ryan Zinke, secretary of the Interior Department, has been a key figure in the Trump administration’s push to roll back burdensome environmental regulations and ramp up domestic energy production. Mr. Zinke is facing increased scrutiny based on allegations that he abused travel spending by paying for his wife to travel with him, and maintained close […]

Circuit Split: Regulatory Reach of Clean Water Act

On September 24, 2018, the 6th Circuit issued rulings in two cases over the question of how direct a connection there must be between the source of pollution and waters that were allegedly polluted for the Clean Water Act (“CWA”) to apply. The 6th Circuit rulings created a split in the circuits on issue of […]

Drama: Fluctuating Status of the WOTUS Rule

The Waters of the United States Rule (“WOTUS Rule”) implemented under the Obama administration in 2015 has gone through much back and forth since the beginning. Numerous states and industry groups sued to stop implementation of the WOTUS Rule in 2015. The Sixth Circuit consolidated various challenges and issued a nationwide stay of the WOTUS […]

Dow Agrosciences Seeks to Toss Out Ninth Circuit Enviro Lawsuit Targeting Pesticide Use

On Monday, Dow Agrosciences acted in its capacity as an intervenor in National Family Farm Coalition v. US EPA to dismiss a lawsuit filed by environmental groups alleging the US EPA improperly improved Dow’s weed killer, Enlist Duo. Dow argued the case couldn’t be pursued on grounds ranging from procedural (the groups’ petition for review […]

Trump’s EPA Targets Obama-Era Automobile Emission Standards

This month, the Trump administration moved forward with a plan to unravel aggressive federal emissions and fuel economy standards. The EPA and National Highway Traffic Safety Administration released a joint statement Thursday unveiling their plan to replace those standards with something much more lax. Automakers have argued since the passage of the more stringent standards […]

Northern California Court Re-Instates Protections For Sage Grouse

A U.S. District Court in Northern California reinstated protections for the bi-state sage grouse in California and Nevada. Environmental groups such as the Center for Biological Diversity and the Western Watersheds Project had filed a motion against the U.S. Fish and Wildlife Service for withdrawing the bi-state distinct population of greater sage groups as a […]

EPA Unveils Proposed Replacement for Clean Power Plan

On Tuesday morning the EPA revealed its proposed plan for replacing the Obama-era “Clean Power Plan.” The EPA says the new rule will give states more authority and create new jobs, taking the place of the “overly prescriptive and burdensome” Clean Power Plan. The new plan, titled the “Affordable Clean Energy” or “ACE” Rule, would […]

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