Recently, in a 6-3 decision in County of Maui v. Hawaii Wildlife Fund (Maui), the United States Supreme Court held that a discharge of pollution to groundwater may be regulated under the Clean Water Act (CWA). The Supreme Court’s review arose from a case involving a wastewater treatment and reclamation facility in Hawaii that injects … Continue Reading
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
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 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
On February 22, a divided Sixth Circuit Court of Appeals ruled that it has jurisdiction to hear suits over the joint US EPA and US Army Corps of Engineers’ controversial amendment to the definition of “waters of the United States.” Murray Energy Corp. v. US Dep’t of Def. et al., Slip op., No. 15-3751 (6th … 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
On May 27, 2015, US EPA and the US Army Corp of Engineers (ACOE) released their final (and highly controversial) “Waters of the US” (or WOTUS) rule. In an effort to mollify and assure critics that the Final Rule is not an unabashed “power grab,” the Agencies continue to say that the Final Rule “will … Continue Reading
On April 25, 2015, Jessica DeMonte (Principal, Columbus/Chicago) presented at the Ohio State Bar Association’s 30th Annual Environmental Law Conference on the controversial proposed rule jointly issued by EPA and the Army Corps of Engineers to revise the definition of “Waters of the US” for Clean Water Act programs. The presentation provides an overview of … Continue Reading
