Month: January 2018

Clean Water Rule Jurisdiction Resolved in National Association of Manufacturers v. the Department of Defense But Uncertainty Prevails

On January 22, 2018, the United States Supreme Court issued its unanimous ruling in National Association of Manufacturers v. the Department of Defense, et al., No. 16-299.  The decision resolves the issue of the proper court for judicial review of the Clean Water Rule (Rule) issued by the Environmental Protection Agency (EPA) and the Corps of Engineers (Corps).

This article will provide some background about the Rule and legal challenges, information about the Supreme Court’s ruling, and highlight some of the uncertainties created in the wake of the decision. Continue reading “Clean Water Rule Jurisdiction Resolved in National Association of Manufacturers v. the Department of Defense But Uncertainty Prevails” →

Oil and Gas Production is Not Waiting for EPA

EPA is continuing its attempts to stay or postpone various Obama-era requirements on the oil and gas industry. It has proposed 90-day and two-year stays of the most recent and encompassing regulations imposed during the last years of the Obama administration. Some of these attempts are ensnared in court proceedings. However, the oil and gas industry itself is not idly standing by waiting for relief. Instead, oil and gas production is steadily climbing to record levels. Continue reading “Oil and Gas Production is Not Waiting for EPA” →