Clean Water Act
A win for EPA on mountaintop removal
D.C. Circuit upholds Enhanced Coordination Process, refuses to review agency guidance
The D.C. Circuit has rejected a challenge to consultation procedures developed by the EPA and Corps of Engineers for reviewing mountaintop removal mining permits and to EPA’s guidance for reviewing permits issued by the Corps or state permitting agencies. Because it rests on standard administrative law, the decision shouldn’t merit comment. But it does, because …
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CONTINUE READINGMass. v. EPA bears fruit for environmental petitioners
Court rules that EPA must decide if new water quality standars are needed to protect the Gulf of Mexico
Cross-posted at CPRBlog. A US District Court in Louisiana recently ruled, in Gulf Restoration Network v. Jackson, that EPA must decide whether it has to impose new water quality standards for nutrient pollution in the Mississippi River watershed. Although that might seem far afield from the Supreme Court’s greenhouse gas emissions decision in Massachusetts v. …
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CONTINUE READINGSore Winners
The government has filed a cert. petition in an environmental case (EPA v. Friends of the Everglades) with a really interesting procedural wrinkle. There’s more background about the case after the jump, but you don’t really need the details to understand the main issue. Here’s what you do need to know: 1. After EPA issued …
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CONTINUE READINGThe Gulf Coast Ecosystem Restoration Council’s “Draft Comprehensive Plan for Restoring the Gulf Coast’s Ecosystem and Economy” does not actually include any restoration projects.
Everyone knows that life is just a little bit slower in the South; as it turns out, so is ecosystem restoration. On this date three years ago, you likely were continuing to monitor distressing television footage of the Deepwater Horizon/BP oil disaster in the Gulf of Mexico, wondering if the millions of barrels of oil …
CONTINUE READINGWhat’s holding up the Clean Water Act jurisdictional guidance?
Cross-posted on CPRBlog. People on both sides of the political spectrum agree that the boundaries of federal jurisdiction under the Clean Water Act are murky, to say the least. But efforts by EPA and the Corps of Engineers to clarify those boundaries have been tied up in the White House for more than a year, …
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CONTINUE READINGOT 2012 and the Environment
This Supreme Court Term features a number of environmental cases. We’re now about two-thirds of the way through the Term, so I thought it might be helpful to post a summary of the cases. My impression is that the Court is interested in environmental law to the extent that it seems to impinge on the …
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CONTINUE READINGWhy Monitoring Matters
There’s been a lot of discussion here about the failings of the latest Supreme Court environmental decision in Los Angeles County Flood Control District v. NRDC. I don’t really want to pile on with those criticisms – though it is baffling to me that the Court wasted its very limited judicial resources correcting the Ninth …
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CONTINUE READINGLA River Supreme Court opinion: narrow or broad-reaching?
As Sean posted yesterday, the U.S. Supreme Court issued its rather short opinion in Los Angeles County Flood Control District v. NRDC. Rather unsurprisingly, the Court ruled that water that flows from an improved (channelized) portion of a river to an unimproved portion of that same river cannot be considered a “discharge of pollutants” under the Clean …
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CONTINUE READINGSupreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision
Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council. I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise. (If you’re unfamiliar with the case, the linked post explains in …
CONTINUE READINGLA River oral argument: the Justices debate how to tell the Ninth Circuit that it screwed up
I attended the oral argument on Tuesday in L.A. Flood Control District v. NRDC. (See Sean’s post for an in-depth background on the case, and Richard’s initial reactions to the oral argument). The Justices were actively engaged and appeared to have a strong grasp of the underlying facts about the District’s MS4. Much of the …
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