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Water Blog

Executive Order Calls for Rescinding or Revising WOTUS Rule

On February 28, President Trump issued an Executive Order (the “Order”) calling on the United States Environmental Protection Agency (“EPA”) and the United States Army Corps of Engineers (“USACE”) to rescind or revise the controversial Waters of the United States (“WOTUS”) rule, which was finalized in June 2015.  Specifically, the Order requires the EPA Administrator and the Assistant Secretary of the USACE to review the WOTUS rule in light of a policy statement set forth in the Order, which states that it is in the national interest to both keep the nation’s water free from pollution, and “promot[e] economic growth, minimiz[e] regulatory uncertainty, and show[] due regard for the roles played by Congress and the States under the Constitution.”

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What U.S. Army Corps of Engineers v. Hawkes Co., Inc. Might Mean for the Corp’s JD Program and Clean Water Act Enforcement

The Supreme Court dealt the Obama Administration another Clean Water Act loss on May 31, 2016, ruling unanimously that landowners can more quickly go to court to challenge the federal government when it claims Clean Water Act jurisdiction over their property. 

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  • 17
  • December
  • 2015

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Supreme Court to Consider Pre-Enforcement Review of CWA JDs

On December 11, 2015, the Supreme Court agreed to take up the question of whether jurisdictional determinations by the Army Corps of Engineers (Corps), dictating whether a particular body of water is subject to the Clean Water Act, can be challenged in court. As described in a previous post, in April 2015, the Eighth Circuit held that jurisdictional determinations are judicially reviewable “final agency action” under the Administrative Procedure Act (APA).

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EPA Releases Final Connectivity Report

On January 15, 2015, the Environmental Protection Agency (“EPA”) released its final report on “Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence,” (“Report”) synthesizing existing scientific understanding of the physical, chemical, and biological connections between streams, non-tidal wetlands, and open waters and larger downstream waters.

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Margaret E. Peloso

Margaret E. Peloso Partner

Theresa Romanosky

Theresa Romanosky Senior Associate

Brandon M. Tuck

Brandon M. Tuck Senior Associate

Ross Woessner

Ross Woessner Associate

Jay Rothrock

Jay Rothrock Senior Associate