Wetlands

News & Analysis as of

Clean Water Act Jurisdiction Proposed Rule Released: Would Expand Federal Jurisdiction over Streams and Wetlands

After several years of false starts, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) have released their proposed rule, Definition of 'Waters of the United States' Under the Clean Water Act,...more

EPA and the Army Corps Propose Rules Expanding Clean Water Act Jurisdiction, Potentially Affecting Everyone Who Uses Lands Where...

On March 25, 2014, the United States Environmental Protection Agency (“EPA”) and Army Corps of Engineers (“Corps”) jointly released a long-awaited proposed rulemaking that would redefine the scope of their shared jurisdiction...more

EPA And The Army Corps Announce A Proposed Rule To Clarify Wetlands And Tributary Jurisdiction

In a news release dated March 25th 2014, EPA and the Army Corps outlined a new proposed joint rule to clarify the scope and definition of the “waters of the United States” under the Clean Water Act in an attempt to address...more

EPA and U.S. Army Corps of Engineers Propose to Expand Federal Jurisdiction over Waters and Wetlands

Expansive New Definition of “Waters of the United States” - On March 25, 2014, the United States Army Corps of Engineers and the United States Environmental Protection Agency, which share jurisdiction under the Clean...more

Appellate Court Notes - Week ending March 24

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

USGS Tool Could Predict, Prevent Wetlands Contamination By Sub-Surface Wastewater

While advances in hydraulic fracturing technology have resulted in an oil and gas boom in North Dakota and other parts of the U.S., the industry, federal and state regulators, and local communities have also had to contend...more

City Not Required to Analyze Impacts of Existing Soil Contamination

In Parker Shattuck Neighbors v. Berkeley City Council, the Court of Appeal determined that impacts from existing soil contamination on a project’s construction workers or future occupants was not an environmental impact under...more

DEQ Proposes Wetland General Permit For Blueberry Farming, Public Comment Period Now Open

On December 30, 2013, the Michigan Department of Environmental Quality ("DEQ") publicly noticed a proposed general permit category for activities in wetlands. The activity involves blueberry farming and it -- at long-last --...more

Proposed EPA Water Rule Could Expand Regulatory Authority Over Streams And Wetlands

A new EPA rule could drastically expand the agency's regulatory authority over streams and wetlands under the Clean Water Act. The agency released a draft report in September titled "Connectivity of Streams and Wetlands to...more

Wetland Projects: The Legality of Certain MDDEFP Requirements is Confirmed

On October 18, 2013, the Court of Appeal of Quebec reversed the Superior Court of Quebec’s decision in the Atocas de l’érable inc. case, quashing directive no. 06-01, used by the ministre du Développement durable, de...more

Florida Adopts A Statewide Rule For Environmental Resource Permits

Following new state legislation granting the Florida Department of Environmental Protection (“FDEP”) the authority to establish one statewide rule for the environmental resource permitting (“ERP”) program, FDEP in early...more

EPA And Corps Of Engineers Propose To Clarify Clean Water Act Jurisdiction

In mid-September, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly submitted a proposed rule to the White House Office of Management and Budget intended to clarify which waters and wetlands are...more

Controversy On Long Beach Island: Development Or Wetland Dedication?

In 1962, a powerful storm destroyed 350 homes on Long Beach Island. At the time, landowners were blocked from rebuilding beyond what was considered a reasonably durable portion of the shoreline....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

Government of Alberta Introduces New, Flexible Wetlands Policy

On September 10, 2013, the Government of Alberta announced its new Alberta Wetland Policy (Policy), which has been developed in an effort to conserve, restore, protect and manage Alberta’s wetlands while providing regulatory...more

Walking On Eggshell Skulls: Louisiana's Levees Take On The Oil And Gas Industry Over Coastal Land Degradation

Ground zero for climate change and rising sea levels in the United States is not a status to which any state aspires. ...more

Legal Update: What The Crystal Ball Says About Koontz

As you may have heard, on June 25, 2013, the U.S. Supreme Court released its decision in Koontz v. St. John’s River Water Management District 570 U.S. ___, 133 S.Ct. 2586 (2013). Koontz has been hailed by property rights...more

Supreme Court Rules On Permits

The recent Supreme Court case Koontz vs. St. Johns River has generated a lot of commentary and debate in the legal community and speculation concerning the ramifications of the case on various land use permitting scenarios. ...more

The U.S. Supreme Court’s Latest Attempt to Differentiate a Fair Quid Pro Quo in the Developer’s Permitting Process From an...

The U.S. Supreme Court has issued an important decision in an attempt to add clarity and help government land use planners understand the difference between reasonable requests and unreasonable demands rising to the level of...more

Legal Update: Army Corps of Engineers Issues New Endangered Species Act Section 7 Guidance

On June 11, 2013, the Army Corps of Engineers (“Corps”) issued a new Endangered Species Guidance Document (“Guidance”) on the Section 7 consultation requirement for federal discretionary actions. While focused primarily on...more

Supreme Court Affords Landowners Protection From “The Dangers of Governmental Coercion” In Land-Use Permitting Decision

Last month, the Supreme Court completed its trifecta of Fifth Amendment land-use permitting decisions by issuing its opinion in Koontz v. St. Johns River Water Mgmt. Dist., a decision resting firmly on the backs of the...more

Zoning & Land Use -- July 2013: Supreme Court Strives to Protect Zoning Applicants from Unreasonable Government Demands

Recently the Supreme Court issued a decision that will have a material impact on applicants seeking zoning and land use related permits. In Koontz v. St. Johns River Water Mgmt Dist., 2013 WL 3184628, No. 11-1447 (U.S. June...more

U.S. Supreme Court: Federal Nexus And Proportionality Analysis Applies To Land Use Permitting Fees And To Both Denial And Granting...

A Florida landowner seeking a permit to develop part of a wetlands property offered a conservation easement on the undeveloped portion of the parcel to the local water management district. The district indicated it would not...more

Supreme Court Rules In Favor Of Landowner Seeking To Develop Property

On June 25, 2013, the United States Supreme Court in Koontz v. St. Johns River Water Management District rendered a decision that protects the rights of property owners when seeking construction permits to develop their...more

The Supreme Court Gets It Right On Takings - And Wrong - A View from "Inside the Curtilage": The Property Owner's Perspective

In Koontz v. St. Johns River Water Management District, the Supreme Court cleared up two important, nagging issues with wide applicability and importance to property owners across the country. First, the 5-member majority,...more

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