Jaffe, Seth
The Biden administration is poised to formally promulgate its controversial rule defining regulated “Waters of the United States” (WOTUS) under the Clean Water Act (CWA), a move that will ramp up legal and congressional scrutiny as critics charge the measure exacerbates legal uncertainties -- esp...
On December 30, 2022, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers issued a final rule defining “waters of the United States” (WOTUS).
EPA has quietly decided to provide public updates on its coordination process with the Army Corps of Engineers regarding jurisdictional determinations (JD) for when waterbodies are considered “waters of the United States” (WOTUS) in the wake of the Supreme Court’sSackettruling, aiming to bolster...
A Kentucky federal district court judge last Friday denied the state’s request to block the Biden administration’s new regulation redefining federally regulated “waters of the United States” (WOTUS) from taking effect within...more Air Enforcement: United States Department of Justice/State of Mi...
That dispute involved the Clean Air Act, and the Supreme Court now has addressed the EPA's authority under the Clean Water Act, which regulates discharges of pollutants into what the law defines as "waters of the United States." Under regulations issued by the U.S. Army Corps of Engineers...
Sixth Circuit vacates district court decision dismissing Chamber coalition’s lawsuit challenging the Biden Administration’s Waters of the United States rule July 29, 2024 The court of appealsheldthat the district court erred in dismissing the litigation sua sponte. ...
“The resolution would leave Americans without a clear definition of ‘Waters of the United States,’” Biden said in the veto. “The increased uncertainty caused by H.J. Res. 27 would threaten economic growth, including for agriculture, local economies, and downstream communities.” ...
qualifying as waters of the United States (e.g., navigable rivers) are not subject to regulation by the EPA under the Clean Water Act following this decision. The court made clear that the authority to regulate such wetlands must come from Congress and not the unelected bureaucrats at the ...
2021. Today’s action is an important step because it would solidify the rules of the road for a stable implementation of “waters of the United States” while the agencies continue to consult with stakeholders to refine the definition of WOTUS in both implementation and future regulatory actions...