Ahead of schedule, yesterday EPA and the US Army Corps of Engineers published their tenth attempt to specify the reach of the Federal Clean Water Act. The only question now is will its opponents file amended complaints in...more
8/30/2023
/ Clean Water Act ,
Environmental Protection Agency (EPA) ,
Hawaii Wildlife Fund v County of Maui ,
Jurisdiction ,
Navigable Waters ,
Sackett v EPA ,
SCOTUS ,
Surface Water ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Last week the Waters Advocacy Coalition sent to the heads of the Environmental Protection Administration and the Corps of Engineers many "recommendations" regarding EPA's and the Corps' post-Sackett attempt to determine the...more
I'm surprised to see the Biden Administration EPA moving forward right now with a rule proposed during the Trump Administration to allow states to take over responsibility for the permitting of "dredge and fill" activities...more
7/20/2023
/ Biden Administration ,
Center for Biological Diversity ,
Clean Water Act ,
Discharge of Pollutants ,
Dredge and Fill ,
Environmental Protection Agency (EPA) ,
Proposed Rules ,
Sackett v EPA ,
SCOTUS ,
Section 404 ,
Trump Administration ,
Waters of the United States ,
Wetlands
Inside EPA reports that EPA Assistant Administrator Radhika Fox has told Congress that we can expect a new Waters of the United States regulation in September. Assistant Administrator Fox promises that the new regulation...more
Just before the July 4th holiday, I was wondering out loud what was to be gained by having a Federal District Court decide the merits of a challenge to EPA's eighth attempt to determine the reach of the Clean Water Act. ...more
7/12/2023
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
NGOs ,
Rapanos v US ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Sam Hess of Inside EPA reports that Idaho, Texas and several NGOs are pressing a District Court Judge in the Lone Star State to decide their challenge to the Biden Administration's Waters of the United States rule on the...more
Sam Hess at Inside EPA reports that the Army Corps of Engineers isn't going to begin issuing Jurisdictional Determinations until after the Environmental Protection Agency and the Corps publish yet another Waters of the United...more
Five Justices of our nation's highest court have now provided a definition of "Waters of the United States" that will be binding on the Executive and Judicial Branches at least until Congress says otherwise. As Justice...more
6/1/2023
/ Clean Water Act ,
Commerce Clause ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
So the Sacketts of Idaho are 2-0 in their visits to our nation's highest court and the jurisdictional reach of the Federal Clean Water Act is shorter than it has been for decades. The opinion of the majority has more in...more