Tag Archives: Army Corps of Engineers

US EPA and the Corps Finally Publish Their Definition of “Waters of the United States” Narrowing the Scope of Federal Jurisdiction Under the Clean Water Act

By Karen Winters on Posted in Clean Water Act, Rulemaking & Policy Development, Water Quality, Waters of the United States
On April 21, 2020, the United States Environmental Protection Agency (US EPA) and the United States Army Corps of Engineers (Corps) published, in the Federal Register, their final rule (2020 Rule) revising the definition of “waters of the United States” and narrowing the scope of waters subject to federal regulation under the Clean Water Act. … Continue Reading

US Supreme Court Rules Against the Corps and in Favor of Landowners With Respect to the Reviewability of Jurisdictional Determinations, Reserving for Another Day the Full Scope of Finality under the Administrative Procedure Act

By Danelle Gagliardi on Posted in Administrative Procedures Act, Clean Water Act, Environmental Litigation, Water Quality, Waters of the United States
In one of the most closely watched environmental and administrative law cases this term, the US Supreme Court ruled unanimously against the government on Tuesday, May 31, 2016, affirming the Eighth Circuit’s decision allowing federal courts to review the US Army Corps of Engineers’ jurisdictional determinations. Jurisdictional determinations are decisions wherein the Corps determines whether wetlands or dry … Continue Reading
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