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Posts From Bob Schuster

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U.S. Supreme Court Clarifies Procedure For Challenging Regulations Defining the Scope of the Clean Water Act, Leaving Substance Unresolved

Can the U.S. Fish and Wildlife Service Designate Uninhabitable Areas as ‘Critical Habitat’ of a Listed Species—Must Courts Defer to Its Interpretation of the ESA?

California Governor Jerry Brown’s New 5 Million Zero Emission Vehicles Goal

U.S. District Court Addresses the Issue of CERCLA Defendants that are ‘Dead and Buried’ Corporations, Liability as ‘Persons’ and the Importance of Discovery

New Jersey Spill Compensation and Control Act Burdens Clarified by the U.S. District Court

Montana Supreme Court Affirms Water Court’s Apportionment of Disputed Irrigation Rights

Montana Supreme Court Affirms Water Court’s Apportionment of Disputed Irrigation Rights

On November 14, 2017, the Montana Supreme Court affirmed the Water Court’s order settling a [...]

Justice Kennedy’s Opinion In Rapanos Still Controls Questions of Clean Water Act Jurisdiction Within the Ninth Circuit

The Ninth Circuit Court of Appeals, on November 27, has re-established that Justice Kennedy’s concurring [...]

How Department of the Interior Modification of Gold Butte National Monument In Nevada Implicates Water Rights

Raging across headline news wires during the month of December 2017 are reports about the [...]

U.S. Secretary Of The Interior Formally Executes Pechanga Water Rights Settlement Agreement

On November 29, 2017, U.S. Secretary of the Interior Ryan Zinke and Mark Macarro, Chairman [...]