by Michael C. Ford 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. Army Corps of Engineers (Corps) released a Supplemental Notice of Proposed Rulemaking to “clarify, supplement and seek […]
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by Patrick J. Paul On January 22, 2018, in National Association of Manufacturers v. Department of Defense, the United States Supreme Court held unanimously that challenges to the federal Clean Water Act’s 2015 Waters of the United States (WOTUS) Rule should be adjudicated at the federal District Court level and not the appellate level, the venue […]
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by Michael C. Ford 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 of the key dates and developments (as of this morning!) June 29, 2015. The Environmental Protection […]
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by Patrick J. Paul On June 27, EPA administrator Scott Pruitt along with the assistant secretary of the Army for civil works signed a proposed rule to rescind the Obama administration “waters of the United States” or “WOTUS” rule. The proposed rule to rescind is consistent with President Trump’s Executive Order signed on February 28, […]
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by Chris Colyer The United States Supreme Court ruled today that an approved jurisdictional determination under the Clean Water Act constitutes an immediately appealable agency action under the Administrative Procedure Act, 5 U.S.C. §§ 500 et seq. This decision, United States Army Corps of Engineers v. Hawkes Co., Inc., rejects the United States Army Corps […]
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by Patrick J. Paul Although likely to survive a presidential veto of a joint resolution seeking to nullify the June 29, 2015 rule submitted by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers amending the definition of “waters of the United States” under the Clean Water Act, this rule is starting […]
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