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Supreme Court Splits the Baby: A Multifactored Balancing Test to Determine When Clean Water Act Permits Required for Discharges to Groundwater

USA - April 24 2020 On April 23, the U.S. Supreme Court decided County of Maui, Hawaii v. Hawaii Wildlife Fund, likely the most important environmental case on this...

Peter Whitfield, Byron F. Taylor, Samuel B. Boxerman, Katharine Falahee Newman.

EPA and U.S. Army Corps of Engineers Issue a Prepublication Version of their Rule Redefining “Waters of the United States”

USA - January 24 2020 On January 23, 2020, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) issued a prepublication version of...

Heather M. Palmer, Timothy K. Webster.

Ninth Circuit Dismisses Children’s Climate Case for Lack of Standing in Juliana, et al. v. United States

USA - January 23 2020 On January 17, 2020, the U.S. Court of Appeals for the Ninth Circuit dismissed a case brought by individual plaintiffs, including minor children, and...

Michael L. Lisak, Terence T. Healey, Kenneth W. Irvin, Christopher J. Polito, David F. Asmus, Emily P. Mallen, Samina M. Bharmal, Joseph T. Zaleski, Aaron L. Flyer, Samuel B. Boxerman.

Ninth Circuit Dismissal of the “Kids’ Climate” Lawsuit for Lack of Standing May Set the Stage for Supreme Court Review

USA - January 22 2020 On January 17, 2020, the U.S. Court of Appeals for the Ninth Circuit ordered that a lawsuit alleging that plaintiffs were harmed by the United States...

The Council on Environmental Quality Proposes National Environmental Policy Act Regulation Changes to Streamline Review Process

USA - January 14 2020 On January 10, 2020, The Council on Environmental Quality (CEQ) issued a proposed rule to significantly revise its regulations implementing the...

Emily P. Mallen, Peter Whitfield, Anushka N. Rahman.