Kathleen M. (Kate) Whitby

Spencer Fane LLP


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U.S. Supreme Court Reinstates Wetland Permitting Under Nationwide Permit 12

USA - July 7 2020 In a one Paragraph, unsigned order issued July 6, 2020, the U.S. Supreme Court reinstated most uses of the U.S. Army Corps of Engineers’ Nationwide…

Partial Vacation of Nationwide Permit 12 Stands as Ninth Circuit Denies Emergency Stay

USA - May 28 2020 The partial vacation of Nationwide Permit 12 (NWP 12) will remain in place for now as the Ninth Circuit today denied emergency motions for a partial…

Jessica Merrigan.

Nationwide Permit 12 Restored for Most Non-Pipeline Uses by Trial Court, While the Ninth Circuit Expedites Briefing on Emergency Motion for Stay

USA - May 15 2020 This week the U.S. District Court for the District of Montana restored use of the U.S. Army Corps of Engineers’ Nationwide Permit 12 for some utility…

Jessica Merrigan.

Landowners Can Seek a Cleaner Cleanup in State Court

USA - April 23 2020 On April 20, 2020, the United States Supreme Court issued its long-awaited decision allowing 98 private landowners in Montana to pursue a restoration…

EPA Issues Interim Guidance for Managing COVID-19 Impacts at Superfund, RCRA, and Other Remediation Projects

USA - April 10 2020 Following on the March 19 internal memorandum from the Office of Land and Emergency Management (available here), and the March 26 COVID-19…

Jessica Merrigan.