February 18, 2019

EPA’s New Proposed WOTUS Rule – the good and bad news . . .

The U.S. EPA and Army Corps issued the long awaited proposed waters of the United States (WOTUS) rule on February 14.  84 Fed. Reg. 4154 (Feb. 14, 2019) (“Proposed Rule”).  Settling the WOTUS question is a major priority for this Administration.  The Proposed Rule has sweeping implications and affects all promulgated Clean Water Act (CWA) […]
June 1, 2016

In Significant Decision, Supreme Court Grants Landowners More Rights in Wetlands Cases

In a rare 8-0 unanimous decision, the Supreme Court today ruled that Army Corps of Engineers’ wetlands determinations can be challenged in court.  Chief Justice Roberts delivered the opinion of the Court, in which Kennedy, Thomas, Breyer, Alito, Sotomayor and Kagan joined.  Three separate concurring opinions were filed by Kennedy, Kagan and Ginsburg.  The decision in U.S. […]