Inside EPA's water policy maven, Lara Beaven, is reporting on the EPA's Science Advisory Board's judgment that "EPA could benefit from SAB review of the science supporting [EPA's] proposed definition of Waters of the United...more
Bloomberg has published the United States Chamber of Commerce's amicus brief in the Rapanos case. As many of you know, the Supreme Court of the United States is using this case to consider (again) the jurisdictional reach of...more
Yesterday EPA Assistant Administrator for Water Radhika Fox told an EPA Advisory Committee EPA remains committed to using Federal rule making to find "common ground" respecting the reach of the Federal Clean Water Act. ...more
Lara Beaven of Inside EPA reports on the standoff between the State of Florida and the United States Environmental Protection Agency over the "current definition" of Waters of the United States for the purpose of determining...more
Bloomberg Environment is the first to break the news that the United States Supreme Court has granted the wish of the Sacketts of Idaho, almost half the States of the Union and several associations who asked our nation’s...more
The social commentator Will Rogers famously said that a "farmer has to be an optimist or he wouldn’t still be a farmer." Those words certainly ring true when one reads EPA's Farm, Ranch, and Rural Communities Advisory...more
Lara Beaven, the excellent reporter on all things having to do with the Clean Water Act at Inside EPA, shares what we might expect from EPA and the Supreme Court of the United States in the year just beginning as the longest...more
The Sacketts of Idaho want the Supreme Court of the United States to intervene on their behalf for a second time. Now, just weeks before the ten year anniversary of the Sackett's first successful trip to the Supreme Court,...more
The Dean of Environmental Law bloggers, Seth Jaffe, does me the honor of a thoughtful response to my concern about whether EPA's and the Army Corps of Engineers' proposed definition of Waters of the United States, and...more
EPA has published its most recent proposed definition of "Waters of the United States" with an eye toward finalizing that definition next year in time for the 50th anniversary of the Clean Water Act.
Before I get to the...more
Traveling the long and winding road to Hana in Maui is one of the most beautiful experiences one can have in the United States. I'm not sure anyone would say the same thing about the long and winding litigation road taken to...more
In What About Bob, a movie worth seeing only if you, like me, think every film including Bill Murray is worth seeing, the fictional guru Dr. Leo Marvin wrote a book called "Baby Steps." The theme of "Baby Steps" is that no...more
Lara Beaven, of Inside EPA, reports this afternoon that EPA has shared with the White House Office of Management and Budget what EPA management hopes will be a "durable" definition of "waters of the United States." Such a...more
The County of Maui had another day in court this week, this time pleading with Federal District Judge Mollway to reconsider her renewed decision that the discharge of treated effluent from the Maui waste water treatment...more
In June, EPA said it intended its current regulations determining the reach of the Clean Water Act to remain in place while it developed new regulations doing the same thing differently. It has repeated that position in...more
Friday EPA and the Army Corps of Engineers announced that between now and Labor Day they will be listening to stakeholders as they kick off what will be the eighth attempt to resolve by regulation the reach of the Federal...more
Many of you will remember that the sixth time EPA attempted to resolve the reach of the Federal Clean Water Act by regulation, during the Obama Administration, the ensuing litigation resulted in the Obama Administration rule...more
Yesterday the Government Accountability Office issued a lengthy report on enforcement of the NPDES provisions of the Federal Clean Water Act permitting discharges to Waters of the United States. Many of you know that all but...more
Thanks Lara Beaven, of Inside EPA, for this piece explaining well how citizen suits in Federal Court are eclipsing the efforts of EPA to administer the Federal Clean Water Act....more
Lara Beaven of Inside EPA is reporting this morning that US Senators Braun, Ernst, and Grassley have filed legislation that would end the longest running controversy in environmental law by providing a statutory definition of...more
Lara Beaven of Inside EPA reports this morning on reactions to EPA's announcement that it will make an eighth attempt to determine the jurisdictional reach of the Clean Water Act. Earlier this week EPA asked a Federal...more
This morning Juan Carlos Rodriguez reports in Law 360 what EPA Administrator Regan had already suggested -- that the Biden Administration apparently thinks that the eighth time really can be the charm with respect to EPA's...more
The United States Supreme Court’s April 23 decision in County of Maui v. Hawai’i Wildlife Fund (https://www.supremecourt.gov/opinions/19pdf/18-260_i4dk.pdf) proves that legislating is best done by the Congress, not the...more
4/24/2020
/ Appeals ,
Clean Water Act ,
Direct Discharge ,
Discharge of Pollutants ,
Environmental Protection Agency (EPA) ,
Functional Equivalent ,
Groundwater ,
Hawaii Wildlife Fund v County of Maui ,
Navigable Waters ,
Permits ,
Point Sources ,
Remand ,
SCOTUS ,
Vacated ,
Waters of the United States