Can You Challenge the Corps’ Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?
The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…
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EPA Assesses Potential for Hydraulic Fracturing to Impact Drinking Water Sources
The Environmental Protection Agency (“EPA”) recently released a draft assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources[2. See id. at 3-1 (It should also be noted that for the purpose of this study, “drinking water resources are…
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The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps
Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.] promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…
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New Mexico Oil Conservation Commission Adopts New Produced Water Regulations
On March 12, 2015, the New Mexico Oil Conservation Commission formally approved a revision to the Commission’s produced water regulations. The revised Rule repeals and replaces existing Rule 34, which regulates the disposition of produced water, and enacts a new rule regulating…
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