Richard Glick

Richard Glick

Davis Wright Tremaine LLP

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Latest Posts › Clean Water Act


Curiouser and Curiouser: Sixth Circuit Not Sure of Jurisdiction but Stays WOTUS Rule Anyway

Does this make sense to you? Eighteen states petitioned the Sixth Circuit to challenge the new rule adopted by EPA and the Corps of Engineers defining “waters of the United States” under the Clean Water Act. Then the...more

10/12/2015 - Clean Water Act Environmental Policies EPA Subject Matter Jurisdiction US Army Corps of Engineers Waters of the United States

First Blood: North Dakota Federal Court Strikes WOTUS Rule

With so many challenges filed in so many venues to EPA’s Waters of the United States or WOTUS rule, it seemed inevitable that some plaintiffs somewhere would find a sympathetic court. And so it is that thirteen states found...more

8/31/2015 - Clean Water Act EPA Science Advisory Board US Army Corps of Engineers Waters of the United States

EPA/Corps Adopt “Waters of the U.S.” Rule: What’s Next?

Wednesday, EPA and the Army Corps of Engineers released a prepublication version of the final rule defining “waters of the United States,” the jurisdictional trigger under the Clean Water Act. The term needs defining because...more

5/28/2015 - Clean Water Act Environmental Policies EPA Rapanos v US SCOTUS U.S. House US Army Corps of Engineers Waters of the United States

Science Advisory Board Finally Weighs In on Waters of the U.S.

The Science Advisory Board has at last released its peer review of EPA’s draft report on Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis, the technical support for the proposed rule on...more

11/3/2014 - Clean Water Act EPA Proposed Regulation Science Advisory Board Scientific Research Waters of the United States

Opposition Builds to Proposed Federal Clean Water Act Rules

Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA...more

5/15/2014 - Clean Water Act EPA Jurisdiction Nexus Rapanos v US US Army Corps of Engineers Water Waters of the United States

Square Pegs in Round Holes

The Western states face two reciprocating and overarching problems in water resources policy. First, water is an increasingly scarce resource facing sharply competitive needs. Climate change is projected to put even more...more

1/24/2014 - Appropriation Clean Water Act Groundwater Industrial Discharges Natural Resources Water Water Rights Water Supplies

“Waters of the U.S.” — What’s Not To Understand?

EPA and the Army Corps of Engineers continue their ongoing effort to bring clarity to the tangled mess wrought by the Supreme Court in Rapanos v. U. S. In that 2006 case, a fractured Court issued five separate opinions on the...more

11/20/2013 - Clean Water Act EPA SCOTUS US Army Corps of Engineers Water

First Oregon, Now Washington Water Quality Standards Under Attack

On February 26, in a reprise of its partially successful assault on Oregon water quality standards, Northwest Environmental Advocates sent a Notice of Intent to Sue EPA for alleged violations of the Clean Water Act and...more

3/11/2013 - Clean Water Act Endangered Species Act EPA National Marine Fisheries Service State Department of Fish and Wildlife

Supreme Court Decision Good News for Dam Owners

On Jan. 8, 2013, the U.S. Supreme Court unanimously held that flow from an improved portion of a waterway into an unimproved portion of the same waterway — even if polluted — does not qualify as “discharge of pollutants”...more

1/10/2013 - Clean Water Act Dams Discharge of Pollutants Hydro Issues Los Angeles County Flood Control District NPDES Permits SCOTUS

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