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June 9, 2016, Covington Alert
The Supreme Court last week unanimously ruled that property owners seeking to discharge material onto land potentially subject to federal Clean Water Act restrictions may bring direct court challenges to "approved jurisdictional determinations" issued by the U.S. Army Corps of Engineers ("Corps"). The Court rejected the Corps' position that property owners must either complete the expensive and time-consuming permitting process or risk a federal civil or criminal enforcement action before challenging these determinations in federal court. Although the ruling was unanimous, the various opinions reveal discomfort among some Justices regarding the scope of the Clean Water Act as currently applied, as well as differences among the Justices regarding when an agency action becomes final for purposes of court review under the Administrative Procedure Act ("APA"). The opinions should be of interest not only to companies potentially subject to the Clean Water Act, but also those subject to other federal regulatory schemes in which agencies make determinations at various stages of a proceeding.
September 15, 2016, Argus Media
Donald Elliott participated in a conference hosted by Indiana University and is quoted in an Argus Media article regarding the effect of inexpensive natural gas on increased investment in the U.S. According to Elliott, almost no Pennsylvania localities have chosen to use their power to ban hydraulic fracturing, a drilling method which allows for cheaper gas.
April 5, 2016, Practicing Law Institute
March 10, 2016
NEW YORK — Covington represented MidFirst Bank in its acquisition of 1st Century Bancshares, Inc. 1st Century is a publicly traded bank-holding company of 1st Century Bank of Los Angeles.
Simultaneously with the closing of the acquisition, 1st Century Bank will be merged into MidFirst Bank. Following these transactions, the business of 1st Century Bank will ...