EPA Sets New Enforcement Priorities

By J. Tom Boer, Todd S. Mikolop & Alexandra Hamilton

August 23, 2019

The US Environmental Protection Agency (EPA) recently released its latest National Compliance Initiatives (NCIs), which aim to focus the Agency’s enforcement arm, the Office of Enforcement and Compliance Assurance (OECA), on areas of significant environmental violations and other opportunities for the greatest environmental benefit through increased compliance with environmental laws. In a memorandum issued June 7, 2019, enforcement chief Susan Parker Bodine advised the Agency’s regional offices of the NCIs for upcoming fiscal years 2020…

The Nickel Report

You Don’t Have to Go Home, But You Can’t Stay Here: DC Circuit Tells Litigants to Show Injury If They Want the Court to Hear Their Cases

By Alexandra Hamilton

June 7, 2019

Standing may seem like an arcane concept, but, as lawyers, we know that this term has special legal meaning—and that it affects whether our clients or our clients’ opponents can successfully bring a lawsuit. In the field of environmental law, understanding standing (a little alliteration) is no easy task. In a decision by the DC Circuit last week, the Sierra Club was reminded just how important standing can be when challenging, or more to the…

The Nickel Report

EPA’s 2018 Environmental Enforcement Results Released

By J. Tom Boer, Samuel L. Brown, Todd S. Mikolop & Alexandra Hamilton

February 12, 2019

Last week, the US Environmental Protection Agency (EPA) released its annual enforcement results for the 2018 fiscal year (ranging from October 1, 2017, to September 30, 2018). The report, prepared by EPA’s Office of Enforcement and Compliance Assurance (OECA), highlights the results of the agency’s civil and criminal enforcement of the nation’s federal environmental laws over the past year. The 2018 results mark the first full fiscal year of enforcement results, including inspections and…

The Nickel Report

Court Upholds Water Intake Rule, Offering Some Certainty for Power Plants

By Kerry L. McGrath & Alexandra Hamilton

October 3, 2018

The U.S. Court of Appeals for the Second Circuit in July issued a long-awaited decision in the case Cooling Water Intake Structure Coalition v. U.S. Environmental Protection Agency (EPA), upholding the EPA’s 2014 Rule establishing requirements pursuant to Clean Water Act (CWA) section 316(b) for cooling water intake structures (CWIS) at existing facilities. The court also upheld the biological opinion (BO) and incidental take statement (ITS) issued by the U.S. Fish and Wildlife Service and…

The Nickel Report

From Judge to Justice: What Brett Kavanaugh’s Supreme Court Nomination Could Mean for Environmental Jurisprudence

By Alexandra Hamilton & Jean Fundakowski

July 16, 2018

On July 9, President Trump announced Judge Brett Kavanaugh of the Court of Appeals for the DC Circuit as his nominee to replace retiring Justice Anthony Kennedy on the Supreme Court. Kavanaugh has developed an extensive history of jurisprudence during his twelve-year tenure on the DC Circuit. And, given the DC Circuit’s heavy administrative law caseload, Kavanaugh has authored numerous opinions involving environmental law. The upcoming confirmation process is sure to include a focus on…

Alexandra Hamilton

EPA Sets New Enforcement Priorities

You Don’t Have to Go Home, But You Can’t Stay Here: DC Circuit Tells Litigants to Show Injury If They Want the Court to Hear Their Cases

EPA’s 2018 Environmental Enforcement Results Released

Court Upholds Water Intake Rule, Offering Some Certainty for Power Plants

From Judge to Justice: What Brett Kavanaugh’s Supreme Court Nomination Could Mean for Environmental Jurisprudence

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