Publications

“WOTUS”: A Tale of Two Rules While Litigation and Rulemaking Continue
Petitions Seek Supreme Court Review of Fourth and Ninth Circuit Decisions That Could Expand the CWA’s NPDES Program
Major Changes to Endangered Species Act Regulations Proposed
NGOs Challenge Department of Interior’s New Interpretation of “Incidental Take” Liability Under Migratory Bird Treaty Act
Unanimous Supreme Court: WOTUS Rule Challenges Belong in Federal District Courts
New Presidential and Interior Orders Target Environmental Permitting, NEPA Reviews, and Flood Risk Standards for Infrastructure and Energy Projects
D.C. Circuit Rules That FERC Should Have Quantified Indirect Greenhouse Gas Emissions in Approving Natural Gas Pipeline
Replacement of the Clean Water Rule to Be a Two-Step Process
Corps of Engineers Nationwide Permits – Some New, Some Modified – Take Effect
Prudence Prevails: Fifth Circuit Supports Narrow Reading of Liability under the Migratory Bird Treaty Act
WOTUS Litigation Update: Confusion Breeds Confusion
Court Strikes Down FWS Rule for 30-Year Eagle Incidental Take Permits
EPA, Army Corps Redefine Clean Water Act Jurisdiction
Wildlife Agencies Propose Overhaul of ESA’s Petition Process for Species Listings
Ohio Wind Developer and FWS Successfully Defend Incidental Take Permit for Endangered Indiana Bat
Endangered Species: Coming Soon to a Project Near You
Services Propose Using "Surrogates" to Evaluate Level of Incidental Take of Listed Species
High Court Stormwater Case May Draw More CWA Suits
Army Corps’ New Plant List Expected to Increase Number of Wetlands, Assertions of Clean Water Act Jurisdiction
Supreme Court to EPA: CWA Compliance Orders Are Subject To Review
Maryland High Court Affims Property Owners' Right to Exclude the Public from Privately Owned Beach Land
EPA Proposes New General Permit for Stormwater Discharges from Construction Activity
A Blow to Wind Energy
The State of the Clean Water Act and Its Reach - A Midyear Report
EPA Issues Final Water Transfer Rule, Prepares for Litigation
An Attorney's Perspective: Clean Water Act Jurisdiction Remains Murky
Diminishing Deference: Recent Trends in Clean Water Act Cases
A Regulatory Proposal That Even The Supreme Court Could Love
Options for Potentially Responsible Parties in the Wake of the Aviall Decision
Second Circuit Ruling Undermines EPA's Proposed Water Transfer Rule