Supreme Court Hears Oral Argument in Maui Injection Wells Case

The federal Clean Water Act (CWA or Act) requires a permit for “any addition of any pollutant to navigable waters from any point source.” 33 U.S.C. 1362 (12) (A). On November 6, 2019, the US Supreme Court (Supreme Court) heard oral argument in County of Maui v. Hawai’i Wildlife Fund, No. 18-260. The question before…

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Clean Water Act Update: EPA Repeals WOTUS Rule in Favor of Pre-2015 Rule

On September 12, 2019, the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (the “Corps”) (together, the “Agencies”)  announced a final rule (the “Repeal Rule”) rescinding the 2015 Clean Water Rule (the “2015 Rule”) that defined “waters of the United States” (“WOTUS”) under the Clean Water Act (“CWA”). This Repeal Rule is…

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New York State Passes the Most Ambitious Climate Change Legislation in the Nation and Advances Offshore Wind Energy Development with Inaugural Procurement of Offshore Renewable Energy Credits

On July 18, 2019, Governor Andrew M. Cuomo signed into law the New York Climate Leadership and Community Protection Act (“CLCPA”), the most ambitious climate change legislation in the country. The CLCPA, among other things, codifies the State’s goals of reaching net-zero carbon emissions by 2050, including an 85% decrease in greenhouse gas emissions by…

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Clean Water Act Update: The Latest Twists and Turns on the Path to Defining the Statute’s Jurisdiction

Debates over the reach of the Clean Water Act (“CWA”) have been ongoing for decades. At stake is whether a discharge of a pollutant from a point source to a “navigable water,” defined as “waters of the United States” (“WOTUS”), requires the discharger to obtain a National Pollutant Discharge Elimination System (“NPDES”) permit. The first…

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NEPA Review of Pipeline Project Upheld by D.C. Circuit – With Asterisk

On June 4, the D.C. Circuit issued a decision in Birckhead, et al. v. FERC, in which the petitioners challenged the Federal Energy Regulatory Commission’s (“FERC”) environmental review of a natural gas pipeline project.[1] Although the court ultimately rejected the challenge, the court suggested in dicta that FERC should do more to obtain information on…

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