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Articles by Liana Kozlowski
U.S. Supreme Court to Decide Future of ADA Hotel Litigation | JD Supra
Earlier this week, the U.S. Supreme Court announced it will hear the case of Acheson Hotels, LLC v. Laufer1 and finally resolve the question of whether “tester” plaintiffs have standing to sue a hotel company that fails to adequately describe the accessibility of the hotel on its reservation websites, as required by Title III of the Americans with Disabilities Act (“ADA”).
WOTUS Development: EPA and Army Corps Implement New Wetlands Guidance Returning to Rapanos | JD Supra
As a result of the U.S. District Court for the District of Arizona’s August 30, 2021 order vacating and remanding the Navigable Waters Protection Rule (“NWPR”), discussed in our prior post, the Environmental Protection Agency and U.S. Army Corps of Engineers (collectively the “Agencies”) have halted implementation of the NWPR nationwide.
Federal Judge Strikes Down Trump Administration’s Federal Wetlands Regulations Rule | JD Supra
Yesterday, a federal judge vacated the Trump Administration's Navigable Waters Protection Rule (“NWPR”) that had narrowed the scope of federal jurisdiction over wetlands. The order, from the U.S. District Court for the District of Arizona, applies nationwide and brings a swift end to the NWPR, even as the Biden administration has begun the process of reworking the regulation.
EPA and Army Corps Announce Public Meetings to Consider Retraction of Definition of Waters of the United States | JD Supra
In light of the Biden Administration's plans to reverse significant portions of the Navigable Waters Protection Rule, the Environmental Protection Agency and U.S. Army Corps of Engineers have announced a schedule of public meetings regarding their intent to revise the definition of "waters of the United States" (WOTUS) – the threshold term establishing the geographical scope of federal jurisdiction under the Clean Water Act.
Biden Administration to Redefine Geographical Scope of Clean Water Act | JD Supra
Last week the Biden administration announced plans to reverse the Navigable Waters Protection Rule, implemented by the prior administration, and initiate a new rulemaking process that will likely expand the number of waterways currently subject to federal regulation under the Clean Water Act (CWA).
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