Modrall Sperling Law Firm

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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