Texas, Claiming Billions in Costs for No Discernible Benefit, Seeks to Stay EPA’s Regional Haze Action

The State of Texas has requested that the United States Court of Appeals for the Fifth Circuit prevent certain EPA actions relating to regional haze from taking effect during the time that Texas challenges the legality of those actions.  In its motion requesting a stay, Texas asserts that the EPA is insisting on rules that […]

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Federal Appeals Court Grapples with Challenges to the EPA’s Clean Water Rule

I have written prior alerts regarding the “Clean Water Rule,” where the EPA attempts to describe the elements necessary to identify bodies of water subject to federal jurisdiction under the Clean Water Act.  This identification is often critical to determining if an area constitutes wetlands (so that development work may require a permit from the […]

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