Effective September 8, 2023, the new definition limits federal jurisdiction over water quality by removing the “significant nexus standard” and redefining what wetlands are “adjacent.” The U.S. Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) recently amended what constitutes “waters of the United States” (“WOTUS”). The Clean […]
Environmental Pulse
Supreme Court to Consider Overruling Chevron Deference
At issue in Loper Bright Enterprises v. Raimondo is whether courts must continue to rely on agency interpretations when statutory text is ambiguous. This fall, the U.S. Supreme Court will hear oral arguments in a direct challenge to Chevron deference. An important rule of administrative law, Chevron sets a two-step […]
Chart from 2023 Nebraska Legislative Session
The First Regular Session of the 108th Nebraska Legislature adjourned sine die on June 1, 2023. In our update during bill introduction (available here), we identified 58 bills relating to agricultural, environmental, natural-resources, and regulated-substances law. Below is a chart that provides the status of those bills. Summaries of the […]
Nebraska Legislature Adopts Key Laws for Perkins County Canal, Ethanol, and Liquor
The First Regular Session of the 108th Nebraska Legislature adjourned sine die on June 1, 2023. In our update during bill introduction (available here), we identified 58 bills relating to agricultural, environmental, natural-resources, and regulated-substances law. This chart provides the status of those bills. Below are summaries of the 25 […]
PFAS Producers to Pay Billions for Public Water Systems’ Contamination Claims
Several major producers of PFAS chemicals agreed to settle a growing number of lawsuits alleging damages from contaminated waters. Major producers of per- and polyfluoroalkyl (“PFAS”) substances agreed to resolve lawsuits against them concerning PFAS contamination of public water systems throughout the country. As part of a recent settlement yet […]