Atlanta Federal Court clears way for Federal Appellate Court in Cincinnati to Decide WOTUS Challenge

After a year of jurisdictional wrangling involving challenges to the EPA’s 2015 changes to its Waters of the United States (WOTUS) rules, the 11th Circuit Court of Appeals in Atlanta on Tuesday formally deferred to the 6th Circuit in Cincinnati. The 11th Circuit’s ruling likely ends legal uncertainties over jurisdiction and avoids the possibility of conflicting federal decisions over the rule’s legality...

Dawson members teach at Chamber of Commerce “Environmental Permitting School”

Each year, the Florida Chamber of Commerce hosts an “Environmental Permitting School” for professionals looking to work more effectively with federal, state and local officials on environmental permitting issues. This year’s school was July 19th-22nd and Dawson & Associates was pleased to have two of our colleagues serve on the faculty...

Dawson members explain SCOTUS ruling impact on Congress, Army Corps of Engineers

On May 31, a unanimous Supreme Court issued a decision with significant implications for federal clean water laws and especially the Obama Administration’s “Waters of the U.S.” regulation.  The Court held that landowners could challenge an Army Corps of Engineer’s assertion of Clean Water Act jurisdiction over a parcel of land in Minnesota more than 120 miles from the Red River...

Dawson attorney explains legal implications of WOTUS, Clean Water litigation

The legal implications of federal water and permitting policies have been in the news recently. Last week, the Supreme Court heard arguments on whether the U.S. Army Corps of Engineers’ determination that a property containing “waters of the United States” constitutes “final agency action for which there is no other adequate remedy in a court.” Also, jurisdictional and timeline questions continue to surround appeals on the Obama administration’s Waters of the U.S...

The Sixth Circuit’s decision to hear the CWA WOTUS Rule continues the legal quagmire

On February 22, a divided panel of Sixth Circuit U.S. Court of Appeals ruled that the Army Corps of Engineers and EPA’s “Waters of the U.S.” rule (WOTUS) can only be challenged in the federal courts of appeals and not federal district courts...