On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule). The federal Clean...more
On February 22, 2016, in a 2-1 decision, the US Court of Appeals for the Sixth Circuit determined it has jurisdiction over the numerous legal challenges to the Clean Water Rule (the Final Rule), thus siding with the position...more
On October 9, 2015, the US Court of Appeals for the Sixth Circuit stayed the implementation of the Clean Water Rule (the Final Rule) nationwide. The Final Rule defines “waters of the United States” (WOTUS), a threshold term...more
Those currently or potentially subject to Clean Water Act regulation should plan for expanded federal jurisdiction upon implementation of the Clean Water Rule’s broad new definition of “waters of the United...more
Intended to clarify confusion from prior US Supreme Court decisions, the rules could have far-reaching implications for many stakeholders.
The US Environmental Protection Agency (EPA) and the US Army Corps of...more