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California Environmental Law and Policy Update - August 2014 #6

Environmental and Policy Focus: U.S. EPA settles case over destruction of rare Central Valley wetlands: EPA - Aug 14: The U.S. Environmental Protection Agency and the U.S. Department of Justice today announced a...more

Fifth Circuit Rejects Application of Sackett to Corps’ Jurisdictional Determination

In Belle Company, LLC et al v. USACE, No. 13-30262 (July 30, 2014), the Fifth Circuit rejected an effort to apply the Supreme Court’s decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), to a determination by the Army Corps of...more

EPA Makes Blueberry Farms Collateral Damage in Wetland Battle

One of the important provisions of the 2013 amendments (2013 P.A. 98 or Act 98) to Michigan's wetland statute (Part 303 of the Natural Resources and Environmental Protection Act) required the Michigan Department of...more

President Obama Signs Water Resources Reform & Development Act of 2014

Legislation expands American iron and steel requirement to additional water programs - Earlier today, President Obama signed into law the Water Resources Reform and Development Act of 2014 (“WRRDA”). Today’s action...more

Developments in Water Law : EPA Extends Comment Period on Waters of the U.S. and President Signs Water Resources Reform and...

EPA Extends Comment Period on Waters of the U.S. - Additional Time to Provide Comments on EPA Rulemaking - The Environmental Protection Agency extended the comment period on the Waters of the United States...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

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

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

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

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

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

Farmers Win Some And Lose More In Michigan Wetland Amendments

Public Act 98 of 2013 signed by Gov. Rick Snyder on July 2, 2013 brought about long-expected changes to Michigan's wetland statute....more

Do We Really Have A Section 404 Permit?

The United States Court of Appeals for the District of Columbia Circuit issued an opinion on April 23 in Mingo Logan Coal Co. v. United States Environmental Protection Agency upholding the Environmental Protection Agency’s...more

A Victory For Regulation Over Guidance? Are EPA and the Corps Giving Up on Post-Rapanos Wetlands Guidance?

As readers of this blog know, EPA’s use of guidance is a frequent pet peeve of mine. The issue has arisen with particular force in connection with EPA’s efforts to define Clean Water Act jurisdiction following the Supreme...more

Michigan Farmers Concerned About Wetland Use Permit Changes

Michigan farmers have been exempt from seeking permits for various activities since the 1980s, including performing drain maintenance within a private agricultural drain. They have also been allowed to "construct new...more

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