Tue May 12th, On Rulemaking and Legislative Practice, by Kimberly Bick
On April 23, 2020, the Supreme Court ruled in County of Maui v. Hawaii Wildlife Fund that a property owner is required to obtain a National Pollutant Discharge Elimination System (“NPDES”) Permit under the Clean Water Act (“CWA”) prior to a direct discharge, or the “functional equivalent” of a direct discharge, of a pollutant to navigable waters. In an almost eerie sense of timing, two days earlier, on April 21, […]
Mon Apr 17th, On Environmental Law, by Bick Law LLP
A unanimous three-judge Ninth Circuit panel ruled that the Department of Interior (“DOI”) and the Bureau of Reclamation (“Bureau”) had both the right and the obligation to release water to preserve a Native American fishing ground and prevent salmon die-off downstream. Central to this case is the balancing act between Congressional goals to maintain and protect fisheries (environmental objectives) and the state-wide need for water (commercial objectives). Two congressional acts, […]
Wed Mar 1st, On Environmental Law, by Bick Law LLP
On February 28, 2017, the United States Environmental Protection Agency Administrator, E. Scott Pruitt signed a Notice of Intention to Rescind the Waters of the United States rule, promulgated by EPA and the Army Corps of Engineers pursuant to the Clean Water Act. The Senior Official Performing the Duties of the Assistant Secretary of the Army for Civil Works, Douglas W. Lamont, will sign the document today, March 1, 2017. The […]
Wed Feb 15th, On Environmental Law, by Bick Law LLP
The Department of Justice’s Environment and Natural Resources Division (ENRD) issued a press release on January 13, 2017, along with the publication of its accomplishments in 2016, documenting one of the most successful years in its history. The ENRD achieved record successes in environmental enforcement, natural resource damages, criminal penalties, and Lacey Act trafficking cases. The Department worked to restore the Gulf following the Deepwater Horizon release, prosecuted Volkswagen in […]
