9th Cir. Reinstates Trump-Era Clean Water Act Rule; DOJ Opposes SCOTUS Review of at-Sea Monitor Rule

Ninth Circuit Reinstates Trump-Era Clean Water Act Rule

A Ninth Circuit panel recently restored a Trump-era rule that limits the power of states and tribes to restrict new development under the Clean Water Act. The rule affected the permitting and relicensing process for thousands of industrial projects, including natural gas pipelines, hydroelectric plants, wastewater treatment facilities and construction sites.

Mark discusses the new Ninth Circuit case consistent with the rule of law.

DOJ Opposes SCOTUS Review of NMFS’s at-Sea Monitor Rule

In Loper Bright Enterprises, et al. v. Raimondo, et al., the U.S. Department of Justice has filed a brief in opposition to Loper Bright Enterprises’ petition for a writ of certiorari before the U.S. Supreme Court. NCLA clients Relentless Inc., Huntress Inc., and Seafreeze Fleet LLC, corporations operating in the herring fishery off the coast of New England, have filed an amicus curiae brief in support of Loper Bright Enterprises’ cert. petition.

Vec discusses the government’s brief in Loper Bright.