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
4/22/2025
/ Clean Water Act ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Government Agencies ,
Proposed Rules ,
Public Comment ,
Regulatory Oversight ,
Regulatory Reform ,
Rulemaking Process ,
Sackett v EPA ,
US Army Corps of Engineers ,
Waters of the United States
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
“We will drill, baby, drill!”
This was an emphatic promise from President Donald J. Trump during his Inaugural Address on January 20, 2025; but also his campaign mantra that, in part, contributed to his electoral and...more
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
Stone v. High Mountain Mining Company, LLC, was decided September 12, 2022, and involved a citizen suit challenge to a placer mine operating without a Clean Water Act (“CWA”) discharge (“NPDES”) permit. High Mountain’s...more
“Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of every...more
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
The partial government shutdown that began December 22, 2018 has interrupted the Trump administration’s proposal to revise the Clean Water Act’s definition of Waters of the United States (WOTUS Proposal). The pre-publication...more
There’s yet more breaking news on the Trump administration’s efforts to clarify the scope of the federal government’s Clean Water Act (CWA) jurisdiction. On June 29, 2018, the Environmental Protection Agency (EPA) and U.S....more
On Monday, December 4, 2017, the Arizona Department of Environmental Quality, Water Quality Division, kicked off a stakeholder process to discuss the potential for the state to seek primacy for two water-related regulatory...more
Keeping track of the ongoing administrative and judicial developments on the issue of Clean Water Act jurisdiction has become almost as complex as trying to make a jurisdictional determination itself. Here is a handy synopsis...more
11/21/2017
/ Appeals ,
Certiorari ,
Clean Water Act ,
Clean Water Rule ,
Comment Period ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Jurisdiction ,
Navigable Waters ,
Oral Argument ,
Preliminary Injunctions ,
Proposed Rules ,
SCOTUS ,
Trump Administration ,
US Army Corps of Engineers ,
Water ,
Waters of the United States
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