Environmental and Natural Resources

WOTUS Redefined: The New Definition of Waters of the United States

by Farris J. Gillman On April 21, 2020, the EPA and U.S. Army Corps of Engineers finalized a new definition of waters of the United States (sometimes called “WOTUS”). This new definition has fundamental implications for the application of point source permits under Section 402 (National Pollution Discharge Elimination System) and dredge and fill permits […]

| 5 min read | Tagged: , , , , , ,
FG
Former Associate

FERC Asserts Authority: Declaratory Order Says Eminent Domain Exempted From State Sovereign Immunity

By Kelly Daly, Farris Gillman, and Fabian Eichentopf[1] In a recent declaratory order, the Federal Energy Regulatory Commission (“FERC”) asserted the right of its certificate holders to “exercise eminent domain authority over state-owned land.”[2]  The Natural Gas Act (“NGA”) provides that “[w]hen any holder of a certificate . . . cannot acquire by contract . […]

| 3 min read | Tagged: , , , , , ,
KD
FG
Former Associate

Western Governors Determined To Strengthen Relationships Under Trump Administration

by Amanda Reeve The Western Governors’ Association (“WGA”) convened for its 2017 Winter Meeting in Phoenix, Arizona on December 1-2 to discuss western policy and announce its Policy Resolutions for 2018.  While discussions focused on workforce development, natural resources management, disaster preparedness, technology and transportation and infrastructure; at the heart of all these conversations was […]

| 5 min read | Tagged: ,
AR
Environmental & Regulatory Policy Advisor