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Court Narrows Scope of NWP 12 Ruling; Corps Appeals to Ninth Circuit

Last month, we wrote about a recent decision from the US District Court for the District of Montana vacating Nationwide Permit (“NWP”) 12, the general...

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EPA Issues Interim COVID-19 Guidance on Site Field Work Decisions

On April 10, 2020, the Environmental Protection Agency (EPA) released a memorandum providing interim guidance on site field work decisions due to the impacts of...

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Wartime Regulation Does Not Render Government an Operator Under CERCLA, Third Circuit Rules

On May 4, 2020, the Third Circuit issued a decision in PPG Industries v. United States, a case which considered whether the government’s involvement at...

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New Presidential Executive Order Restricts Purchase of Bulk-Power System Equipment

On May 1st, President Trump issued an Executive Order on Securing the US Bulk-Power System.  The Executive Order prohibits certain transactions involving bulk-power system electric...

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U.S. Supreme Court’s Latest CERCLA Decision Could Mean a Tangle for Future Litigation

On April 20th, 2020, the United States Supreme Court held in Atlantic Richfield Co. v. Christian that the Comprehensive Environmental Response, Compensation and Liability Act...

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EPA and Army Corps of Engineers Publish Final “Waters of the United States” Rule

On April 21, 2020, the Environmental Protection Agency and the U.S. Army Corps of Engineers (together, the “Agencies”) published a final rule in the Federal...

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