Mintz Member and Chair of the Environmental Law practice Jeff Porter was quoted in a trio of articles published by Law360 that examined the biggest environmental law rulings in 2019 so far, environmental policy and environmental law cases to watch through the end of the year.
In a July 8 article, Mr. Porter discussed one of the most significant rulings in environmental law during the first half of 2019.
In particular, he commented on the U.S. Supreme Court’s ruling to limit courts' ability to defer to federal agencies' interpretations of their own regulations. “With their newfound leeway, judges could begin to wade more deeply into controversial and science-heavy issues like climate change and water quality disputes,” Mr. Porter said.
In a July 12 article, Mr. Porter discussed one of the biggest environment-related regulations to watch in the second half of 2019.
In particular, he commented on the EPA’s new narrower definition of "waters of the U.S." under the Clean Water Act, which is expected to be finalized by December. “Just as the Obama rule was challenged in court by various states and industry groups, the Trump rule will face its own legal battles,” Mr. Porter said.
In a July 19 article, Mr. Porter discussed one of the most influential environmental law cases to watch in the second half of 2019.
In particular, he commented on Maui County, Hawaii's challenge of a Ninth Circuit holding that Clean Water Act permits may be required for pollution sources that discharge contaminants via groundwater, which is scheduled to be argued before the U.S. Supreme Court on Nov. 6. “The Supreme Court's decision and the Trump Administration's waters of the United States rule anticipated later this summer could finally prompt congressional action to answer once and for all the question of what is a water of the United States, a question that has been at the center of four Supreme Court cases and countless rule makings going back to the Clinton administration," Mr. Porter said.