U.S. Supreme Court Limits EPA and the Corps’ Authority to Regulate Wetlands as Waters of the United States (WOTUS)
On May 25, 2023, a majority opinion of the Supreme Court of the United States (SCOTUS) in Sackett v. EPA et al., authored by Justice Alito and joined by Justices Thomas, Roberts, Gorsuch and Barrett, held that the authority of the Environmental…
Back to the Future: What is a Water of the United States?
On December 30, 2022, the U.S. Environmental Protection Agency (“EPA”) and Department of the Army jointly announced their latest final rule (the “2022 Rule”) on the definition of “waters of the United States” (“WOTUS”) under the Clean Water Act’s authority to regulate…
Attorney Chris Killion Joins Modrall Sperling
Modrall Sperling is pleased to announce that Chris Killion has joined the firm as a Shareholder. Chris’ practice is focused on issuing drilling, division order, and acquisition title…
BIA Regulations on Appraisal/Valuation of Indian Property
On June 10, 2016, Congress passed the Indian Trust Asset Reform Act (ITARA), and on June 22, 2016, President Barack Obama signed it into law.1 According to the Senate Committee on Indian Affairs, the purpose of the Act “is to reaffirm the…
Endangered Species Act Issues Relevant to Public Lands
On March 1, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Fish and Wildlife Service’s (“Service”) decision to not list the dunes sagebrush lizard.[1. Defenders of Wildlife, v. Sally Jewell, 2016 WL 790900 (D.C. Cir….