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Listening Sessions Scheduled to Discuss Waters of the United States (WOTUS)

As referenced in last month’s publication, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (Army) will be hosting numerous separate listening sessions with key stakeholders starting next...more

Federal Agencies to Revise Waters of the United States Rule

The Waters of the United States (WOTUS) Rule is an ongoing conundrum to all those subject to it, most especially in trying to ascertain exactly which water ways qualify under the Rule. The U.S. Environmental Protection Agency...more

Two Idaho Homeowners Finally Clarify Scope of Clean Water Act

Yesterday, the United States Supreme Court curtailed the federal government’s powers to regulate private property under the auspices of the Clean Water Act (CWA). The Court in Sackett v. EPA held that “the CWA extends to...more

Cooperative Federalism and the Clean Water Act: The States Finally Get their Due

here is no shortage of dramatic, if not predictable, commentary in the wake of the Trump Administration’s release of its “Navigable Waters Protection Rule” (“Rule”) ranging from the indignant to the hyperbolic, and the...more

D.C. Circuit Validates EPA’s Consultation Process for Reviewing Clean Water Act Permits

On July 11, 2014, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Environmental Protection Agency’s (EPA) “Enhanced Coordination Process,” which was developed with the United...more

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