Environmental and Natural Resources

In a Victory for Businesses and Developers, the United States Supreme Court Holds that Clean Water Act Jurisdictional Determinations Are Appealable

by Chris Colyer The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. This decision, United States Army Corps of Engineers v. Hawkes Co., Inc., rejects the United States Army Corps […]

May 31, 2016 | 3 min read | Tagged: APA, Approved Jurisdictional Determination, Clean Water Act, EPA, Waters of the United States

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Chris Colyer Partner

Waters of the U.S. Rule Drowning to Start 2016

by Patrick J. Paul Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition of “waters of the United States” under the Clean Water Act, this rule is starting […]

January 21, 2016 | 3 min read | Tagged: EPA, Waters of the U.S. Rule, Waters of the United States, WOTUS

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Patrick J. Paul, P.C. Partner

New EPA Standard Provides Guidance for Phase I Investigations

In a recent rulemaking, the Environmental Protection Agency (EPA) amended its “All Appropriate Inquiries Rule” (set forth in 40 CFR Part 312) to reference in the rule ASTM Standard E1527-13. ASTM Standard E1527-13 is the recently updated version of the industry standard that is commonly used to conduct Phase I environmental investigations that are undertaken […]

February 21, 2014 | 1 min read | Tagged: All Appropriate Inquiries Rule, ASTM, CERCLA, EPA

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Richard J. McNeil Former Partner