The proposed definition would significantly extend the regulatory scope of the Clean Water Act. By Michael G. Romey, Cody M. Kermanian, and Lucas I. Quass On December 7, 2021, the US Environmental Protection Agency and the US Army Corps of Engineers (collectively, the Agencies) published a proposed rule (the Proposed Rule) to revise the definition … Continue Reading
New definition of “waters of the United States” takes effect June 22, 2020 everywhere except Colorado under split decisions. By Janice M. Schneider and Peter R. Viola In the closely watched battle over the scope of the Clean Water Act (CWA), a federal court in California has denied a motion brought by a coalition of … Continue Reading
By Andrea Hogan, Lucas Quass, John Morris and Steven Mach On January 13, 2017, the US Supreme Court granted certiorari for an appeal that will allow the Court to determine the proper jurisdiction for litigation challenging the Clean Water Rule (the Final Rule).[1] The federal Clean Water Act (CWA) provides for original jurisdiction in the … Continue Reading
