

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...


Unavoidable Malfunctions to Get Penalties Under EPA's New Proposal
On September 17, 2014, United States Environmental Protection Agency (“USEPA”) released a supplemental notice of proposed rulemaking that...