Last week on our Employer Labor Relations Blog we wrote about a recent ruling of the National Labor Relations Board in the Browning-Ferris Industries (BFI) case that vastly expanded the definition of joint employer.
Last week, the U.S. District Court for North Dakota imposed a preliminary injunction against EPA’s implementation of its “Waters of the U.S. Rule” which defines the waterways and wetlands regulated under the Clean Water Act.
One highlight from the last week in regulatory practice overshadowed all else: confusion over fundamental administrative law and judicial review issues far beyond the confines of environmental law became evident in conflicting court decisions and the damming of the Environmental Protection Agency (EPA) and Army Corps of Engineers’ Clean Water Rule: Definition of Waters of the United States (WOTUS).
USEPA’s “Pollution Diet” for a Major National Waterway: Land Use Regulation and the Clean Water Act Intersect
The Federal Clean Water Act became law in 1972 with the goal of eliminating pollution of the nation’s rivers, lakes and coastal waters by 1985.
Perhaps it is poetic justice.
With so many challenges filed in so many venues to EPA’s Waters of the United States or WOTUS rule, it seemed inevitable that some plaintiffs somewhere would find a sympathetic court.
A federal judge, Ralph R. Erickson, in North Dakota today granted several states’ request for a preliminary injunction to halt implementation of the Environmental Protection Agency and U.S. Army Corps of Engineers’ new rulemaking redefining the scope of their jurisdiction under the Clean Water Act.
U.S. Fish and Wildlife Service Issues Proposed Rule Regarding Critical Habitat Determination for the Marbled Murrelet
On August 25, 2015, the U.S. Fish and Wildlife Service (Service) published a proposed rule relating to the existing critical habitat for the marbled murrelet (Brachyramphus marmoratus).
EPA Proposes New Standards for Methane and VOC Emissions for Unregulated Equipment in Oil and Natural Gas Source Category
As part of the Obama administration’s recent aggressive pursuit of greenhouse gas emissions reductions under President Obama’s Climate Action Plan, EPA is proposing to amend new source performance standards (NSPS) to include standards for reducing methane emissions for the oil and natural gas source category under the Clean Air Act.
It’s All Good – New Jersey Judge Approves NJDEP’s Controversial $225 Million Settlement with ExxonMobil
After months of controversy, public comments, response to public comments, motions to intervene, amicus briefs, oral arguments, editorials and a sustained flurry of activity in social media, the decision we have been waiting for is here – Judge Michael J. Hogan granted NJDEP’s motion to approve the consent judgement with ExxonMobil that settles out for $225 million the State’s original $8.9 billion claimed for natural resource damages.