Tue Jul 7th, On Environmental Law, by Anna Viele
The United States Environmental Protection Agency (EPA) plans to end its temporary policy that allowed for enforcement discretion in the enforcement of some types of violations in the context of COVID-19. On June 29, 2020, EPA gave notice that this policy will be terminated as of August 31, 2020, or possibly earlier. If the policy is terminated earlier than August 31, 2020, then seven days advance notice will be […]
Mon Jul 6th, On Environmental Law, Litigation, by Alan Bick
On June 18, 2020, in Stanford Vina Ranch Irrigation Company v. State of California et al., the Third District Court of Appeal affirmed the California State Water Resources Control Board’s (“State Water Board” or “Board”) authority to regulate what it considers “unreasonable use of water” through emergency regulations setting forth minimum instream flow requirements that protect endangered and threatened fish in times of severe drought. The Court also affirmed the […]
Fri Jun 26th, On Environmental Law, Litigation, by Kimberly Bick
In perhaps the most consequential environment and energy case heard by the Supreme Court this term, the justices overruled a decision by the Fourth U.S. Circuit Court of Appeals that the Forest Service did not have the power to authorize the Atlantic Coast Pipeline’s natural gas project to pass beneath the trail. In a 7-2 decision in United States Forest Service v. Cowpasture River Preservation Association, No. 18-1584 (June 15, […]
Mon Jun 22nd, On Litigation, by Katy Liemandt
Since 2016, The Standing Rock Sioux Tribe of North Dakota has been fighting for a more extensive and thorough review of the environmental impact of the Dakota Access Pipeline (“DAPL”). The Standing Rock Tribe and numerous environmental activist groups heavily opposed construction of the pipeline underneath Lake Oahe. Among their main concerns was the high potential for environmental damage to the lake, which the tribe relies on for drinking water, […]
