Author Archives: James Pray

About James Pray

Attorney with BrownWinick Law Firm in Des Moines, Iowa.

Don’t step in that Puddle! The U.S. Army Corps of Engineers Adopts new Iowa Stream Mitigation Rules

Before someone decides to remove or alter “Waters of the United States” (“WOTUS”) through construction, plowing, grading or other similarly activities a 404(b) permit must be obtained. Part of the permitting process involves proving that the  “Least Damaging Practicable Alternative” … Continue reading

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EPA and USACE Move to Rescind 2015 Waters of the U.S. Rule

In a move that surprises nobody, the Environmental Protection Agency and the Department of Army, and Army Corps of Engineers (“USACE”) proposed on June 27, 2017 a new rule to rescind the 2015 Waters of the US Rule and re-codify the regulatory … Continue reading

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Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, et al.

On March 16, 2015, Des Moines Waterworks (“DMWW”) filed a Complaint in the Federal District Court for Northern Iowa against several drainage districts in Calhoun, Buena Vista and Sac counties. A total of ten separate counts were alleged. Counts I … Continue reading

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Federal Court dismisses case against EPA in nutrient regulation suit

On December 15, 2015 the Federal District Court for the Eastern District of Louisiana dismissed a lawsuit by Gulf Restoration Network and other not-for-profit environmental organizations. Gulf Restoration Network v. Jackson (E.D. La. December 15, 2016) 12-677 Cross Motions for … Continue reading

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Donald Trump and his Administration’s Environmental and Energy Policy

Now that we know we will have a Republican House, Senate, and President beginning in 2017, it is time to consider is what environmental and energy changes might take place during Donald Trump’s first term as President. I am neither supporting nor … Continue reading

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EPA’s New Kafkaesque Self-Disclosure Website

You want to file something with the EPA. But in order to file it, you must first be registered with the EPA.  Can’t figure out how to get registered? No problem, enter your user name and password on the form … Continue reading

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EPA releases video of the Animas River Disaster.

An interesting video montage of the Animas River disaster. The first half is the EPA’s explanation of how they created this problem. The second half is the actual creation of the disaster filmed while it happened. EPA’s data dump of … Continue reading

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The EPA’s Epic Animas River Spill

The August 5, 2015 Gold King Mine spill by the EPA created what has to be some of the most epic visuals in environmental history. That this spill was done by the EPA (or its contractor) is probably beyond belief by … Continue reading

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Supreme Court puts the brakes on the EPA’s Power Plant MACT rule in Michigan v. EPA

The Clean Air Act that we know today was passed in 1970 during the Nixon administration. Since that time, the EPA has been hard at work passing regulations aimed at cleaning the nation’s air. Its efforts have been extremely successful. … Continue reading

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Wikileaks: Environmental Implications of the TPP

Despite the Administration’s best efforts to keep the details of the Trans-Pacific Partnership secret, Wikileaks obtained and published several sections of the document several months ago. Because it now appears that the TPP will likely get passed into law, it is … Continue reading

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