Fifth Circuit: Citizen Suit Exposure for Thousands of Title 5 Deviations
On May 27, the U.S. Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated a lower Texas court’s ruling that imposed a $0...
Supreme Court: Clean Water Act Jurisdictional Determinations Are Appealable Agency Actions
This week, the U.S. Supreme Court ruled in the Hawkes case[1] that a jurisdictional determination (“JD”) by the Army Corps of Engineers...
Ohio Publishes Conceptual Rules for Disposal of Fracking Wastes
Ohio EPA, Division of Materials and Waste Management (the “Agency”) has released the first draft of rules that will govern solid waste...
New Rules Governing Fracking on Public Land
On March 20, 2015 the U.S. Department of the Interior, Bureau of Land Management (“BLM”) released a final rule governing hydraulic...
Local government’s authority to regulate fracking minimized, but not eliminated
On February 17th, the Ohio Supreme Court ruled in Beck Energy v. Munroe Falls that local governments can not impose separate permitting...
Ohio EPA Releases Guidance on Disposal of Fracking Wastes at Municipal Landfills
This week, EPA released a letter sharing regulatory guidance on compliance requirements at landfills receiving solid waste generated from...