Posts by hjennings
Fourth Circuit Considers New Clean Water Act Functional Equivalence Test in Kinder Morgan Case
The much-discussed April 2020 Clean Water Act ruling in County of Maui v. Hawaii Wildlife Fund left open the critical question of how courts would apply the qualitative test set forth by the U.S. Supreme Court to determine whether, in the case of groundwater contamination that eventually impacts surface waters, the “functional equivalent” of a…
Read MoreEPA To End COVID-19 Enforcement Discretion Policy
On June 30, 2020, the Environmental Protection Agency (EPA) announced that it plans to terminate its controversial COVID-19 Enforcement Discretion Policy (Policy) on August 31, 2020. The temporary Policy allowed EPA to exercise case-by-case enforcement discretion for environmental legal obligations during the COVID-19 public health emergency. The Agency cites public health response and economic recovery…
Read MoreSCOTUS Holds Clean Water Act Permits Required for Some Releases to Groundwater
In a highly anticipated decision yesterday, the Supreme Court announced on a 6-3 basis that Clean Water Act permits are required under certain circumstances for point source pollutants that reach jurisdictional waters through groundwater. On the critical question of which circumstances, the Court announced a fact-dependent, qualitative test: a CWA permit is required for point…
Read MoreNew WOTUS Rule to Take Effect June 22, 2020
The final Navigable Waters Protection Rule (“NWPR”) to define “waters of the United States” (WOTUS) issued by the U.S. Environmental Protection Agency and the U.S. Army Corps will be published in the Federal Register on April 21, 2020. The Rule will take effect on June 22, 2020. Once effective, it replaces the rule the agencies…
Read MoreCOVID-19 Impacts on State-Level Environmental Enforcement and Compliance
Due to the public health crisis presented by COVID-19, new guidance, advisories, orders, and exemptions are issued by state and local governments on a daily basis. The wide variety of responses has left many businesses, including responsible parties and their environmental consultants, wondering how these actions impact their obligation to conduct environmental remediation and related…
Read MoreEPA Issues COVID-19 Enforcement Discretion Policy
On March 26, 2020, the Environmental Protection Agency (EPA) issued guidance addressing a range of issues related to environmental enforcement and compliance arising from the COVID-19 pandemic. The guidance addresses situations where EPA may apply enforcement discretion to pandemic-related non-compliance. EPA does not expect to seek penalties for violations of routine compliance monitoring, integrity testing,…
Read MoreEndangered Species: Migratory Bird Treaty Act — Scope of Act Rule
American College of Environmental Lawyers (ACOEL) blog on birds…February 5, 2020 Recently two of our attorneys, Richard Horder and Jacqueline Eisermann, wrote an article for the American College of Environmental Lawyers (ACOEL). ACOEL is known for featuring articles written by prominent environmental lawyers from around the country on its website every month. Our article covers…
Read MoreAmerican College of Environmental Lawyers (ACOEL) blog on bees…
Recently two of our attorneys, Richard Horder and Jacqueline Eisermann, wrote an article for the American College of Environmental Lawyers (ACOEL). ACOEL is known for featuring articles written by prominent environmental lawyers from around the country on its website every month. Our article covers a recent development in the realm of environmental law titled, “The…
Read MoreRick Horder to receive the EPIC 2020 Inspiration Award for Outstanding Leadership
Rick Horder will be the recipient of the Emory Public Interest Committee (EPIC) 2020 Inspiration Award for Outstanding Leadership in the Public Interest at the EPIC award event at Emory University School of Law on February 4, 2020. Â Rick is being honored along with The Honorable Dorothy Toth Beasley, Senior Judge on the Court…
Read MoreAmendments to Endangered Species Act Rules Spark Litigation
The U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS) (“the Services”) have issued three final rules amending the federal regulations implementing the Endangered Species Act (ESA). The changes constitute the most sweeping revisions to ESA rules in the statute’s history. The new rules change how species are listed as endangered or…
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