Wetlands
Clean Water Act Update: The Latest Twists and Turns on the Path to Defining the Statute’s Jurisdiction
Debates over the reach of the Clean Water Act (“CWA”) have been ongoing for decades. At stake is whether a discharge of a pollutant from a point source to a “navigable water,” defined as “waters of the United States” (“WOTUS”), requires the discharger to obtain a National Pollutant Discharge Elimination System (“NPDES”) permit. The first…
WOTUS Rule Reinstated in 26 States through Nationwide Injunction of Trump Administration “Suspension Rule”
On August 16, 2018, the U.S. District Court for the District of South Carolina, Charleston Division, issued a nationwide injunction to the Trump administration’s so-called “Suspension Rule,” which called for the delayed effective date of the Obama-era “waters of the United States rule” (or “WOTUS Rule”). Thus, the struggle to delineate the federal government’s jurisdiction…
DEC Releases Flood Risk Management Guidance Affecting the Flood Hazard Area Applied to State Permit Applications
On June 20, 2018, the New York State Department of Environmental Conservation (“DEC”) released two draft flood risk management guidance documents intended to advise New York state agencies on how to incorporate the consideration of future climate risks, including risks of sea-level rise, storm surge, and flooding, into existing regulatory processes. The non-binding guidance is…
WOTUS Rule Litigation Abounds — New York State and Others Sue EPA and Army Corps over Delayed Implementation of Obama-Era WOTUS Rule
On February 6, 2018, New York State filed suit against the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (together, “the agencies”) for the suspension of a 2015 regulation seeking to clarify the definition of “waters of the United States” under the Clean Water Act (“CWA”), dubbed the “Clean Water Rule”…
EPA and the Corps Launch Effort to Rescind and Replace the 2015 “Clean Water Rule”
Also by: Zachary Berliner On June 27, 2017, the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) released a joint proposal to rescind and ultimately replace the Obama administration’s 2015 “Clean Water Rule” (the “Rule”). The Rule defines the extent of federal jurisdiction over “waters of the United States” under…
Trump Executive Order Directs EPA and the Corps to Reconsider the 2015 “Clean Water Rule”
On February 28, 2017, the Trump administration issued an Executive Order (the “Order”) directing the Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“USACE”) to begin the process of “revising or revoking” the Obama administration’s 2015 “Clean Water Rule” (the “Rule”) which sought to define the extent of federal jurisdiction over “waters…
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