The Supreme Court’s decision in Sackett v EPA, announced on May 25, 2023, was unanimous in that the EPA’s wetlands regulatory jurisdiction is limited to wetlands with a continuous surface connection to the waters of the United States. And the Supreme Court decided that the EPA’s wetlands regulatory jurisdiction is
Continue Reading Sackett ruling should erase the existing Waters of the U. S. rule, cattlemen say
This week is going to be remembered for another definition of the Waters of the United States, commonly known as WOTUS, being struck down by a federal court.
In this case, the U.S. District Court for North Dakota has invalidated the Environmental Protection Agency’s most recent rule for defining what
Continue Reading All wait on the ‘Navigable Waters’ of the United States case by the Supreme Court
April 5 is the date of the first hearing for the many parties involved in a federal court challenge to a final rule posted this past December from EPA and the Army Corps of Engineers defining the “waters of the United States” (WOTUS) under the 1972 Clean Water Act.
Private
Continue Reading First hearing set for challenge to new WOTUS rule by major private landowners
The EPA and the Army, the federal agencies involved in the Clean Water Act, handed down new definitive language for “water of the United States” (WOTUS) in the form of an administrative rule on the final business day of 2022.
By doing so, EPA and the Army jumped ahead of
Continue Reading New ‘Waters of the United States’ rule rushed out ahead of SCOTUS ruling in Sackett v. EPA
EPA Administrator Michael S. Regan says he wants a “durable definition” for the “Waters of the United States” known as WOTUS. In November 2021, Regan floated a rulemaking process to do just that, and the public comment period ended on Feb. 7.
A couple of weeks earlier, however, the Supreme
Continue Reading Pressure builds on EPA to suspend its rulemaking until court hears water case
Both because it wants to and because a federal court wants it done, the EPA will be working on a new Navigable Waters Protection Rule.
Such work has gone on now for almost 50 years. The Clean Water Act of 1972 says adding pollutants or dredge or fill material into
Continue Reading EPA again working on yet another Navigable Waters Protection Rule
