The Eighth Circuit's newest Clean Water Act opinion marks a substantial victory for businesses who are required to get a jurisdictional determination from the U.S. Army Corps of Engineers. The decision sets the Eighth Circuit apart from other jurisdictions where the only way to challenge an adverse jurisdictional determination is to either (1) complete the entire permitting process and then seek judicial review, or (2) risk substantial enforcement penalties by conducting activities without a permit and then challenging any enforcement action taken. Rejecting this unfair choice as a "transparently obvious litigation strategy" that "ignores reality," the Eighth Circuit has held that that a judicial determination is a final agency action that is ripe for judicial review.
The U.S. Environmental Protection Agency (EPA) released its 20th Inventory of U.S. Greenhouse Gas Emissions and Sinks yesterday. The results show a 2% increase in greenhouse gas emissions in 2013 from 2012 levels but a 9% decrease since 2005. EPA attributes the increase in emissions from 2012 to 2013 to increased emissions from electricity generation, an increase in miles traveled by on-road vehicles, an increase in industrial production and emissions, and changes in weather.
On April 2, 2015, the United States Fish and Wildlife Service published its final listing and interim 4(d) rule that designate the Northern Long-Eared Bat as a Threatened Species under the Endangered Species Act. This is partial retreat from a previous notice that proposed listing the species as an Endangered Species. The interim rule incoporates restrictions on both purposeful and incidental bat takes that will become effective as to both current and new operations on May 4, 2015.
The success of PPGMR client Strong Suit Clothing, LLC, was recently highlighted by Arkansas Business. Strong Suit, which aims to provide suiting for new buyers between the ages of 25 and 35, can currently be found in approximately 30 specialty stores around the country. After raising an impressive $1 million dollars in investments, Strong Suit will be coming to Nordstrom stores in Dallas, Atlanta, Austin, Chicago, and Nashville as well as the Nordstrom website in September 2015.
Startup Junkie Consulting of Fayetteville will host a new business-plan competition focusing on developing innovative ideas that could affect the lives of women.
The U.S. Small Business Administration has launched "InnovateHER: 2015 Innovating for Women Business Challenge Business Competition" with $30,000 in prize money up for grabs.
The SBA is looking for "innovative products and services that help impact and empower women’s lives as they navigate the challenges of a changing work and family life," according to a news release.
