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The Supreme Court’s Michigan decision, while seemingly limited to a narrow Clean Air Act provision, suggests a growing hostility toward agency regulatory discretion.
Confirmation by the courts that Total Maximum Daily Load of regulated pollutants in effluent includes wasteload and load allocations as well as overall loading capacity.
A recent Ninth Circuit decision about an old fish gives federal agencies substantial discretion in considering the economic impacts of critical habitat designations under the ESA.
BP agrees in principle to settle civil oil spill claims with the U.S. and state governments; first impressions of the agreement and how it compares with similar past settlements.
FWS is considering implementing an incidental take permit program pursuant to the Migratory Bird Treaty Act against a backdrop of a circuit split on the scope of MBTA liability.
Resolving questions about EPA’s role in the establishment of water quality standards, the Eleventh Circuit ends a long-running battle over numeric nutrient criteria in Florida.
A summary of appellate cases including a CERCLA statute of limitations, a review of EPA’s Transport Rule, and approval of the multi-state effort to regulate the Chesapeake Bay.