DC Circuit holds that EPA has authority to retroactively veto an existing Clean Water Act section 404 permit *

USA - May 7 2013
On April 23, 2013, the United States Court of Appeals for the District of Columbia held that section 404(c) of the Clean Water Act (CWA) authorizes…

Co-authors: Robert M.Rolfe, Virginia S. Albrecht, Deidre G. Duncan, Mark G. Weisshaar, George P. Sibley, III.

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United States District Court for the District of Columbia overturns EPA final mining guidance *

USA - September 6 2012
On July 31, 2012, Judge Reggie Walton found final mining guidance issued by the U.S. Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) unlawful under the Clean Water Act (CWA), the Surface Mining Control and Reclamation Act (SMCRA) and the Administrative Procedure Act (APA).

Co-authors: Deidre G. Duncan, Karen C. Bennett, Mark G. Weisshaar.

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Suit filed in Federal District Court seeking to invalidate Corps use of nationwide permit 12 for construction, maintenance, repair, and removal of utility lines and associated facilities *

USA - July 23 2012
On June 29, 2012, the Sierra Club and two other advocacy groups filed suit in federal district court challenging the U.S. Army Corps of Engineers’ issuance of nationwide permit 12 and the Corps’ reliance on NWP 12 to authorize the Keystone Pipeline Gulf Coast Project. Sierra Club, Inc. v. Bostick, 5:12-cv-00742 (W.D. Okla. 2012).

Co-authors: Craig A. Bromby, Andrew J. Turner, Deidre G. Duncan, Mark G. Weisshaar, Kerry L. McGrath.

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EPA issues final construction general permit *

USA - March 7 2012
On February 16, 2012, the Environmental Protection Agency (“EPA”) issued the Final 2012 Construction General Permit (“CGP”).

Co-authors: Michael F. Albers, Craig A. Bromby, Miranda R. Yost, Deidre G. Duncan, Kerry L. McGrath.

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DHS releases final guidance for developing site security plans under chemical security regulation *

USA - May 21 2009
Taking the final steps in its implementation of the Chemical Facility Anti-Terrorism Standards (CFATS), the Department of Homeland Security (DHS) released important guidance documents on May 15, 2009, and began notifying covered facilities of their final risk-tier designation.

Co-authors: Steven P. Solow, Evan D. Wolff, Maida Oringher Lerner, Catherine D. Little, Matthew D. Melewski.

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