What Will The Department Of Government Efficiency Do With MSHA? By Brian Hendrix A few months ago, I said I would explain what the Supreme Court’s decision this year in SEC v. Jarkesy may mean for certain types of cases under the Federal Mine Safety and Health Act. Much has changed since then, so I’m going to cover Jarkesy in…
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Respect For Agency Authority, Not Deference
What Does Loper Bright Enterprise v. Raimondo Mean To Future Regulatory Action? By Brian Hendrix Did you see the news about Chevron and Loper Bright? “Supreme Court takes a sledgehammer to federal agency power!” Court’s decision to overrule Chevron will “paralyze federal agencies” and generate a “tsunami of lawsuits!” To borrow a phrase, “big, if true.” Unfortunately (or fortunately, depending…
Read MoreSupreme Court Rules for CalPortland in Teamsters Strike Damages Case
The U.S. Supreme Court has ordered its Washington State counterpart to resume a case where plaintiff CalPortland Co., through its Seattle-based Glacier Northwest Inc. business, seeks damages stemming from a Teamsters Local 174-initiated work stoppage that resulted in the loss of 16 loads of ready mixed concrete. In an 8-1 ruling, the High Court determined that the National Labor Relations Act (NLRA)…
Read MoreMinnesota Sands Appeals to Supreme Court
The Winona Post reports that after losing at the district, appellate and state Supreme Court level, Minnesota Sands is taking its case against Winona County’s frac sand ban to the highest court in the land. Minnesota Sands appealed to the U.S. Supreme Court last week, the company announced, asking the high court to take up its case.
Read MoreWhat Does Supreme Court WOTUS Ruling Mean?
By Phillip R. Bower On Jan. 22, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (WOTUS) belong in district court rather than the appellate court. The WOTUS Rule was developed by the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) to clarify, which waters and wetlands fall under…
Read MoreWhat Does Supreme Court WOTUS Ruling Mean?
On Jan. 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (WOTUS) belong in district court rather than the appellate court. The WOTUS Rule was developed by the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) to clarify which waters and wetlands fall under federal jurisdiction.
Read MoreSupreme Court Clarifies Clean Water Act Jurisdiction
The American Road & Transportation Builders Association (ARTBA) Jan. 22 hailed a unanimous U.S. Supreme Court decision clarifying the proper jurisdiction for federal Clean Water Act (CWA) disputes.
Read MoreWaters of the United States Ruling Welcomed News
The Supreme Court Ruled That Property Owners Have The Right To Seek Judicial Review Of Jurisdictional Determinations Regarding Waters Of The United States. By Jason Moore
Read MoreSupreme Court Rules Against EPA
The U.S. Supreme Court ruled unanimously on May 31, that a landowner can appeal a determination from the Army Corps of Engineers that a water body is subject to federal jurisdiction and permit requirements under the Clean Water Act through the federal court system.
Read MoreEPA and Army Corps Clarify Protection for Nation’s Streams and Wetlands
Agriculture’s Exemptions and Exclusions from Clean Water Act Expanded by Proposal. By Mark S. Kuhar
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