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Expect Significant Investments in Water Infrastructure

Earlier this month, a report from the American Society of Civil Engineers gave America’s infrastructure an overall grade of C-. The nation’s water infrastructure fell below that average with a C- for drinking water...more

Drowning in Confusion: What Is a “Water of the United States”?

A decision by the U.S. District Court for the Southern District of Georgia issued on August 21, 2019, highlights the continuing confusion over the definition of “waters of the United States” under the Clean Water Act. The...more

Agencies Release Proposed Rule to Limit Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers announced a proposed rule to redefine the term “waters of the United States” under the Clean Water Act on December 11, 2018. The proposed rule, which awaits...more

Ninth Circuit Upholds 2008 Biological Opinion Restricting Operations Of California Water Projects

On March 13, the Ninth Circuit issued its long-awaited decision in the latest round of the delta smelt litigation, upholding the 2008 Biological Opinion prepared by the U.S. Fish & Wildlife Service for the combined operations...more

Draft Regulations Would Dramatically Expand Clean Water Act Jurisdiction

The Environmental Protection Agency and the Army Corps of Engineers have presented a draft of joint regulations under the Clean Water Act to the Office of Management and Budget for an internal governmental review. While the...more

EPA Moves To Expand Federal Clean Water Act Jurisdiction

The prolonged controversy over the Clean Water Act’s reach may be coming to a dramatic head. On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report finding that all of...more

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