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NY and FERC redefining state and federal relations?
  • Dickinson Wright
  • USA
  • January 10 2018

Under the National Gas Act ("NGA"), the Federal Energy Regulatory Energy Commission ("FERC") has jurisdiction over development of interstate natural

EPA Publishes Updated Civil Penalty Amounts
  • Troutman Sanders LLP
  • USA
  • January 9 2018

On January 9, 2018, EPA released the pre-publication copy of its annual civil monetary penalty adjustment. The final rule is scheduled to be

Ninth Circuit permits interest group enforcement of Resource Conservation and Recovery Act
  • Sidley Austin LLP
  • USA
  • January 8 2018

Can an environmental organisation file suit under the Resource Conservation and Recovery Act's citizen suit provision claiming harm from

Ruling in Orchard Hill Building Warrants Additional Due Diligence for Developers of Farmland
  • Frost Brown Todd LLC
  • USA
  • January 2 2018

Developers love farm properties. Their often-vast expanses of graded, cleared land can save significant time and money in site development work

Should Mitigation Meet a “Net Gain” Standard? USFWS is Reconsidering its Stance
  • Hunton & Williams LLP
  • USA
  • December 21 2017

In 2016, the US Fish and Wildlife Service (FWS or the Service) issued two policies on how to mitigate the impact of projects affecting fish and

Ninth Circuit limits reach of anti-duplication provision
  • Sidley Austin LLP
  • USA
  • December 18 2017

The Ninth Circuit recently issued an opinion that reflected a limited interpretation of the scope of the Resource Conservation and Recovery Act's

Ninth Circuit Revisits Its Interpretation of “Waters of the United States” under the Clean Water Act in Affirming a Criminal Conviction for Wetlands Violations
  • Drinker Biddle & Reath LLP
  • USA
  • December 15 2017

The Ninth U.S. Circuit Court of Appeals has upheld the conviction of Joseph Robertson for wetlands violations under the federal Clean Water Act. The

Rising Environmental Enforcement in the Food and Drug Sector: How to Stem the Tide for Your Facility
  • Kelley Drye & Warren LLP
  • USA
  • December 6 2017

Food and drug manufacturing facilities are an increasing target for federal and state environmental enforcement actions. Recent enforcement actions

Potential Circuit Split: Is Groundwater a Conduit to Jurisdictional Surface Water Under the Clean Water Act?
  • Smith Moore Leatherwood LLP
  • USA
  • December 6 2017

On Thursday December 7, 2017 the Fourth Circuit will hear oral arguments in Upstate Forever v. Kinder Morgan Energy, on whether liability under the

Ninth Circuit Confirms That Defendant Had Fair Warning That His Conduct Violated The CWA
  • Pillsbury
  • USA
  • November 30 2017

On November 27. the U.S. Court of Appeals for the Ninth Circuit decided an important Clean Water Act (CWA) jurisdictional case, United States. The