On May 25, 2023, the US Supreme Court, in Sackett v. Environmental Protection Agency, ___ US_ (2023) (“Sackett”) held that “waters of the United States” for purposes of federal jurisdiction under the Clean Water Act (“CWA”) refer “only to geographical features that are described in ordinary parlance as “streams, oceans, rivers and lakes’ and to … Continue Reading
On Sunday, Ohio issued a “shelter in place” or “stay at home” order, bringing the total number of states with these orders to ten. The other states are California, Delaware, Illinois, Louisiana, Michigan, Nevada, New York, New Jersey, and Pennsylvania, and this number increases by the day. The orders and associated guidance identify which businesses … Continue Reading
On February 14, 2019, the US Army Corps of Engineers and US EPA (Agencies) published in the Federal Register the proposed rule to revise the definition of “Waters of the United States,” the term that identifies the scope of federal jurisdiction under the Clean Water Act. The proposed rule is the second step in a two-part process … Continue Reading
In the past two weeks, U.S. District Courts in South Carolina and Washington issued decisions that dealt additional blows to the Trump Administration’s efforts to unravel the 2015 Obama-era “waters of the United States” rule (“Obama Rule”). In light of these rulings, the Obama Rule appears poised to remain effective in 22 states for at least … Continue Reading
Attorneys General from 14 states—led by West Virginia and Wisconsin—filed an amicus brief on April 17 in support of the “1-in 2-out” Executive Order (EO) issued by President Trump. This EO, which we have covered previously, requires that: For every new regulation promulgated, two regulations are eliminated; Any new incremental costs associated with new regulations … Continue Reading
On February 28, the D.C. Circuit in Center for Regulatory Reasonableness v. US EPA dismissed a challenge to statements made by the US EPA regarding two wastewater treatment techniques – blending and the use of mixing zones. US EPA previously prohibited these techniques in specified circumstances, and in 2013, the Eighth Circuit vacated these prohibitions in Iowa League … Continue Reading
On June 9, 2016, Governor John Kasich signed House Bill (HB) 512, a multifaceted law that the Governor has said “puts Ohio in front” and makes Ohio “the leader in the country” in dealing with the problem of lead contamination in drinking water. After the crisis in Flint, Michigan sparked a national inquiry and events in … Continue Reading
The crisis in Flint, Michigan sparked a national inquiry into lead contamination in drinking water. Subsequently, events in Sebring, Ohio raised questions locally and the Ohio General Assembly introduced a multifaceted piece of legislation, Ohio House Bill 512, that proposes significant new requirements for Ohio public water systems to respond to lead in drinking water. The key … Continue Reading
On January 21, 2016, Senate Republicans failed to override President Obama’s veto of a recent legislative attempt to block the “Waters of the US” Rule. The challenged Rule defines the term “waters of the United States” under the Clean Water Act, while, as we noted previously, expanding federal jurisdiction over waters that were not previously … Continue Reading
The US Court of Appeals for the Sixth Circuit issued a nationwide stay on October 9, 2015 against the “Waters of the United States” Final Rule. The Final Rule defines the term “waters of the United States” under the Clean Water Act while, as we noted previously, expanding federal jurisdiction over waters that were not previously covered. … Continue Reading
