Publications

The Biden Administration is expanding the scope of federal jurisdiction by amending the definition of the term ‘waters of the United States.’ Do you need a permit? The Clean Water Act, 33 U.S.C. § 1251 et seq. (the “CWA”) is the primary federal statute regulating water quality in the United […]

The Trump administration had limited application of County of Maui v. Hawaii Wildlife Fund, allowing some unintentional discharges to go without a permit.  That limitation is no longer in place.   The U.S. Environmental Protection Agency (the “EPA”) recently rescinded its Trump-era guidance for indirect discharges of pollutants under the […]

Millions rely on interstate groundwater for municipal, agricultural, or industrial uses.  The Supreme Court has never determined how to allot it. On October 4, 2021, the U.S. Supreme Court heard oral arguments in Mississippi v. Tennessee, S. Ct. Orig. No. 143, an interstate fight over the groundwater in the Sparta-Memphis […]

On November 10, 2021, the Safer Federal Workforce Task Force (“Task Force”) updated its Guidance document  and FAQ site to extend the deadline by which covered contractor employees must be fully vaccinated.  The original Guidance required covered contract employees to be fully vaccinated by December 8, 2021.  That date was recently […]

Several states including Texas, Louisiana, South Carolina, Utah and Mississippi, and a group of private businesses, religious organizations, and individuals filed a petition with the United States Court of Appeals for the Fifth Circuit on Friday, November 5, 2021, claiming that the Occupational Safety and Health Administration (“OSHA”) exceeded its […]