Recently, in United States v. Osage Wind, LLC, the Northern District of Oklahoma awarded permanent injunctive relief in favor of the Osage Nation and the United States against wind turbine farm developers in the form of ejectment of the wind farm for continuing trespass. A trial to assess the amount of monetary damages due
Bart J. Kempf
Bart Kempf has a diverse practice involving litigation, agency proceedings, enforcement actions, compliance and legislative counseling, and transactional matters concerning a broad range of environmental, land use, and natural resources law. View articles by Bart
U.S. Supreme Court “Waters of the United States” Ruling May Lead to Confusion and Uncertainty in Waters and Wetlands Regulatory Regime
The United States Supreme Court ruled unanimously in National Association of Manufacturers v. Department of Defense that legal challenges to an Obama Administration regulation defining “waters of the United States” (WOTUS) must be initially heard in federal district courts – and not federal courts of appeals. The decision resolves a long-standing ambiguity in the Clean
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$1 Billion in Credit Assistance Now Available from EPA’s New Water Infrastructure Program
On January 10, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of $1 billion in credit assistance for water infrastructure projects under the new Water Infrastructure Finance and Innovation Act (WIFIA) program. See 82 Fed. Reg. 2933 (Jan. 10, 2017). Congress enacted WIFIA in order to provide low-cost, long-term credit assistance through…
Likely Increase of Use of Wood in Tall Building Construction
Wood – architecture’s oldest building material – has experienced a renaissance of sorts in recent years, in the process providing a boost to the forest and wood products industry. Wood-product proponents tout a range of benefits relative to alternative materials such as concrete and steel, including: renewability; a smaller carbon and environmental footprint; and lower…