Seyfarth 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
The 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 Jeryl L. Olson, Andrew H. Perellis and Patrick D. Joyce
The EPA and Army Corps of Engineers recently released its Final Clean Water Rule: Definition of “Waters of the United States.”
We had previously blogged about the Agency’s draft of the proposed rule that was distributed in November, 2013 as well as a “clarification” of the proposed rule
Continue Reading EPA Publishes Final Rule Expanding Definition of “Waters of the United States” Under the Clean Water Act
By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen
EPA Administrator, Gina McCarthy, and the Assistant Secretary of the Army (Civil Works), Jo Ellen Darcy, just signed a proposed rule to “clarify” protections under the Clean Water Act for “streams and wetlands that form the foundation of the nation’s water resources.”
We had previously
Continue Reading Proposed Rule on Definition of “Waters of the United States” Under the Clean Water Act
By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers would, under a draft of a proposed rule recently obtained by Bloomberg BNA, assert Clean Water Act jurisdiction over all natural and artificial tributary streams, lakes, ponds, and wetlands that affect the chemical, physical, and
Continue Reading Draft Proposed Rule for New Definition of “Waters of the United States”
By Andrew H. Perellis and Craig B. Simonsen
The U.S. Environmental Protection Agency’s Science Advisory Board has just released for public comment a draft scientific report, “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence.” EPA/600/R-11/098B.
The draft
Continue Reading New Definition of “Waters of the United States”?