Last month, the U.S. Supreme Court weighed in on a long-standing controversy over the extent to which the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers (ACOE; collectively, the Agencies) have...more
6/26/2023
/ Clean Water Act ,
Construction Project ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Inland Waterways ,
Navigable Waters ,
Real Estate Development ,
Regulatory Reform ,
Sackett ,
Sackett v EPA ,
SCOTUS ,
Significant Nexus Test ,
US Army Corps of Engineers ,
Waters of the United States ,
Wetlands
Exactly what should be considered "waters of the United States" as it applies to the Clean Water Act has been ill defined and contended in the courts and in Congress for more than 15 years. A review of recent court decisions...more
Section 404 of the Clean Water Act of 1972, 33 U.S.C. Section 1251 et seq., prohibits the discharge of dredged or fill material into “navigable waters” without a permit. Section 502(7) of that act defines “navigable waters”...more
3/7/2023
/ Clean Water Act ,
Critical Infrastructure Sectors ,
Discharge of Pollutants ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Federal Jurisdiction ,
Navigable Waters ,
Navigable Waters Protection Rule ,
Rapanos v US ,
Regulatory Reform ,
Rulemaking Process ,
Sackett ,
US Army Corps of Engineers ,
Waters of the United States
The procedure-based litigation over the EPA and Army Corps' "Waters of the United States" rule (WOTUS) is continuing. The agencies issued WOTUS, which they intended to constitute the implementation of the Supreme Court’s...more
On January 19, 2016, President Obama issued the ninth veto of his presidency, rejecting Joint Resolution 22, a congressional resolution that would have overturned EPA’s recently enacted regulations defining the "waters of the...more