The First Regular Session of the 108th Nebraska Legislature convened on January 4, 2023. As of January 25, 75 legislative days remain in the session. The Legislature will adjourn sine die on June 9. Below are summaries of the 58 introduced bills that relate to agricultural, the environment, natural-resources and […]
Environmental Pulse
Biden Administration Finalizes New Rule Defining Waters of the U.S. Under the Clean Water Act
The new definition of “waters of the United States” will expand federal authority to require permits for any waterbody with a “significant nexus” to navigable waterways. On December 30, 2022, the United States Environmental Protection Agency and U.S. Army Corps of Engineers announced a final rule defining “waters of the […]
Supreme Court to Determine if States May Regulate Extraterritorial Business Operations
A case involving California’s regulation of pork could imperil states’ ability to regulate other industries, including energy. On October 11, 2022, the U.S. Supreme Court heard oral arguments in National Pork Producers Council v. Ross. At issue is the constitutionality of California’s Proposition 12, which prohibits the sale in California […]
Supreme Court Again Considers Scope of Clean Water Act
At issue in Sackett v. Environmental Protection Agency is whether a wetland lacking continuous surface connection to navigable waters qualifies as “waters of the United States.” On October 3, 2022, the U.S. Supreme Court heard oral arguments in its first case of the term, Sackett v. Environmental Protection Agency. A […]
EPA Proposes New Rule To Make PFAS a CERCLA “Hazardous Substance”
The proposed rule would impose significant liability for any site contaminated by PFAS. If adopted, this rule would have major consequences for manufacturers, brownfield-property owners, solid-waste managers, wastewater utilities, and landfills. The U.S. Environmental Protection Agency (“EPA”) recently initiated the process to designate two per- and poly-fluoroalkyl substances (“PFAS”) as […]