By Jeryl L. OlsonPatrick D. Joyce, and Craig B. Simonsen

Seyfarth Synopsis: Last week before his departure USEPA Administrator Pruitt notified the regulated community that he had directed the Agency to update regulations governing the Agency’s use of Section 404(c) veto power in permitting discharges of dredged or fill materials under Section 404 of the Clean
Continue Reading USEPA Administrator Pruitt Issues Memo to Update Agency Use of Clean Water Act Section 404(c) Veto Power

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

US Supreme Court Capitol Hill Daytime Washington DCSeyfarth Synopsis: The Supreme Court decided that Army Corps’ jurisdictional determinations are judicially reviewable. This decision leaves open the question of whether other types of administrative decisions are immediately judicially reviewable.

In a significant victory for owners of private property, the Supreme Court of the United
Continue Reading Supreme Court Sides with Property Owners: Jurisdictional Determination is Reviewable

Supreme CourtSeyfarth Partner Andrew H. Perellis is quoted in this Law360 expert analysis, High Court Water Case Could Put Target On Agencies’ Backs (March 29, 2016).

The pending Supreme Court case, U.S. Army Corps of Engineers v. Hawkes Co. Inc. et al., no. 15-290, involves what constitutes a final agency action reviewable under the Administrative Procedure Act. We had previously
Continue Reading Is the Corps’ Determination on Jurisdiction Over a Wetland Judicially Reviewable?

By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen

Supreme CourtThe Supreme Court of the United States (SCOTUS) agreed on Friday to review an important Clean Water Act (CWA) decision issued by the Eighth Circuit in Hawkes Co., Inc., et al. v. U.S. Army Corps of Engineers, No. 13-3067 (April 10, 2015).

The issue presented for
Continue Reading Supreme Court to Decide if Army Corps Initial Jurisdictional Determination to Regulate Wetlands Under CWA is Ripe for Judicial Review

By Andrew H. Perellis and Ilana R. Morady

On March 21, 2012, the United States Supreme Court issued a unanimous decision hugely impacting EPA’s enforcement authority under the Clean Water Act (CWA). The decision also has strong implications for EPA’s enforcement authority under the Clean Air Act (CAA).

The issue before the Court was whether two landowners could bring a

Continue Reading Sackett v. EPA: Supreme Court Decides Unanimously In Favor Of Landowners

By Andrew H. Perellis and Ilana R. Morady

On Monday, January 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the Justices seemed skeptical of EPA’s contention that its administrative compliance orders issued under the Clean Water Act were not subject

Continue Reading Sackett v. EPA: Supreme Court Justices Question Validity of EPA’s Principal Enforcement Tool