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Trump EPA Proposes Limitations to WOTUS Rule

by Patrick J. Paul In a long anticipated move, on Tuesday December 11, 2018 the U.S. Environmental Protection Agency (EPA) proposed further revisions to the federal Clean Water Act’s definition of “waters of the United States,” (WOTUS), clawing back the number of waterways subject to federal protection that was expanded greatly during the Obama Administration […]

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Can Trump EPA Administrator Pruitt Survive?

by Patrick J. Paul With midterm elections looming, the prospects of a blue wave strengthening, and a consistent shuffling of the Trump cabinet, former Oklahoma Attorney General and current EPA administrator Scott Pruitt now finds himself in the hot seat. Fresh off a glowing self-evaluation in the form of EPA’s own 2017-18 Year in Review, […]

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Congress Denies Trump’s Request to Slash EPA’s Budget

by Megan H. Tracy Back in February, the White House released its proposed budget for 2018.  Among other things, the President’s budget sought to cut EPA’s budget by $2.5 billion, or over 23 percent.  Targets of the proposed cuts included: climate change programs, state radon protection programs, water-system improvements along the U.S.-Mexico border, state and tribal […]

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Former Associate

What happened to all the big changes at Trump’s EPA?

By Mitch Klein Following the presidential election, much was made of the enormous changes that the new president intended to make at the EPA, and his choice for Director, Scott Pruitt, resulted in heated opposition and a frenzied uproar from those who foresaw the dismantling of environmental protections. The funny thing is, aside from much […]

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MK

SCOTUS Sends WOTUS Back TO District Courts

by Patrick J. Paul On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States (WOTUS) Rule should be adjudicated at the federal District Court level and not the appellate level, the venue […]

EPA Reverses Course; Declines to Impose CERCLA Financial Responsibility Rules on the Hardrock Mining Industry

by John D. Burnside In a stunning change of course, the United States Environmental Protection Agency announced on December 1, 2017, that it would not issue final regulations imposing financial responsibility requirements on hardrock mining operations to fund the estimated cost of future Superfund cleanup. EPA’s decision effectively withdraws proposed rules published January 11, 2017, […]

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Up to the Minute Synopsis of Clean Water Act Jurisdiction Developments

by Michael C. Ford Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis of the key dates and developments (as of this morning!) June 29, 2015.  The Environmental Protection […]

EPA and U.S. Army Corps of Engineers Propose Rescission of WOTUS Rule

by Patrick J. Paul On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule.  The proposed rule to rescind is consistent with President Trump’s Executive Order signed on February 28, […]

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New Trump Appointee at EPA Should Help Reduce Backlogs and Delays

by Mitch Klein United States EPA Administrator Scott Pruitt has hired Henry Darwin to serve the U.S. Environmental Protection Agency as its Chief of Operations. Under both Republican and Democrat administrations, as the Director of the Arizona Department of Environmental Quality (ADEQ) Darwin has proven his abilities to streamline government bureaucracy.  He is a perfect selection […]

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MK

U.S. Senate Confirms Scott Pruitt as EPA Chief, Signaling Conservative Re-Imagining of EPA’s Role in Society and Government

by John D. Burnside On February 17, 2017, the U.S. Senate confirmed President Trump’s nominee Scott Pruitt as the new administrator of the U.S. Environmental Protection Agency. Senate confirmation followed weeks of partisan and public attacks against Mr. Pruitt’s fitness to serve as the nation’s chief regulator of clean air, water, and land, as well […]

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