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WOTUS, SCOTUS, and POTUS—Act III (Or Is it Act IV?)

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

WOTUS - The Beat Goes On But the Underlying Issue Remains Unresolved

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

EPA's Clean Water Rule: Congressional Attempt to Stop is Vetoed, but Pending U.S. Court of Appeals' Stay Remains in Effect

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

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