[WEBINAR] Fairly (or Unfairly?) Traceable: Are Discharges Through Groundwater Subject to the Clean Water Act?
[VIDEO] The Price of an Aging Infrastructure on the Environment
The United States Senate Environment & Public Works Committee has advanced the following legislation: Water Resources Development Act of 2024 (“WRDA2024”). The Water Resources Development Act is biennial legislation...more
Members of the Rangers led the First Continental Army during America’s Revolutionary War, and their “No man left behind” motto became a central fixture of U.S. military protocol. The slogan communicated the need to make sure...more
The Arkansas Court of Appeals (Division 1)(“ACA”) addressed in a February 1st Opinion a challenge to restrictions by a private entity on the use of a lake. See The AGRED Foundation v. Friends of Lake Erling Association, No....more
The Water Resources Development Act of 2022 (“WRDA 2022”) was recently enacted into law. WRDA was enacted as a component of the National Defense Authorization Act....more
On December 6, 2022, the U.S. House of Representatives passed the National Defense Authorization Act (NDAA) by a bipartisan vote of 350-80. The NDAA includes the Water Resources Development Act (WRDA) of 2022, which includes...more
The First District Court of Appeal ruled that CEQA does not constrain an agency’s authority to administer and enforce any other laws, including those authorizing imposition of mitigation requirements. Thus, even after an EIR...more
Swift Creek. The name evokes a clear, fast-moving mountain stream. The Swift Creek at issue, however, is hardly clear or swift for most of its length. A massive, mile-long landslide hangs at the head of its southern...more
The United States Army Corps of Engineers (“Corps”) published a February 25th Federal Register Notice that it has developed draft agency guidance entitled: Engineer Circular 1165-2-218 (“Guidance”) - See 85 Fed. Reg....more
As a registered federal lobbyist I’m often asked to describe my job. Some days I describe it as an advocate; other days as an educator. I’ve also been known to liken it to being a translator or cruise director, but this past...more
The Water Resources Development Act (WRDA) of 2018, included as title I of the America’s Water Infrastructure Act of 2018 (S. 3021), was signed into law yesterday. The new law provides the needed authorization for investment...more
On September 21st the President signed an FY2019 “Minibus” into law (HR 5895) covering three of the twelve appropriations areas – energy and water, MilCon/VA, and legislative branch. The Energy and Water portion funds the...more
At last week’s Floodplain Management Association meeting in Reno, Nevada, the two of us planned and participated in a panel discussion on federal funding for flood control projects under the Trump administration. Attendees...more
All joking aside about a gridlocked Congress, real progress has been made this week on flood risk reduction authorizations and appropriations. As explained below, it is looking like the 2018 Water Resources Development Act...more
The United States Army Corps of Engineers (“Corps”) announced in a July 13th Federal Register notice its intent: . . . to prepare Supplement II (SEIS II) to the Final environmental Impact Statement, Mississippi River and...more
• The Trump Administration released an ambitious $1.5 trillion infrastructure plan on Feb. 12, 2018 – a plan that includes many provisions focused upon encouraging the reuse of contaminated brownfields and Superfund sites. ...more
The National Waterways Conference has submitted a letter in response to the notice published in the Federal Register on February 5, 2018, seeking comment on the draft Engineering Circular (EC) on 408 permissions. According...more
On Monday, February 12, President Trump formally unveiled his proposed infrastructure package entitled “Legislative Outline for Rebuilding Infrastructure in America.” The proposal outlined the following main goals...more
I often joke with my clients that following issues too closely at the federal level can result in whiplash. To that regard, it has been a very active summer in Washington, DC on the water infrastructure front. Here’s a rapid...more
On February 12, 2018, the White House unveiled its 55-page proposal for infrastructure investment, the Legislative Outline for Rebuilding Infrastructure. The sweeping proposal seeks to inject funding into several key areas...more
As many in the industry have learned recently, the FY 17 budget only included approximately $3 million nationwide for processing 33 U.S.C. Section 408 review. This is the Section under which the U.S. Army Corps of Engineers...more