The Clean Water Act’s extension of what waters it attempts to regulate is leaves WOTUS a confusing legacy. Does it apply to wetlands? If so, what if wetlands stand alone and don’t adjoin navigable waterways?
WOTUS: a Confusing Legacy Read More »
April 22, 2020 is the 50th anniversary of the first Earth Day, a global holiday that unites citizens of the Earth to take better care of our planet. Earth Day was initially proposed by Wisconsin Senator Gaylord Nelson as a way to bring awareness to ongoing ecological issues and concerns. It took place on April
Earth Day 2020: 50 Years of Environmental Awareness Read More »
On October 23, 2018, President Trump signed America’s Water Infrastructure Act (“AWIA”), also known as the Water Resource Development Act, into law. This bipartisan bill, which previously passed the House of Representatives on September 13, 2018 and the Senate on October 10, 2018, aims to improve dams, levees, ports, and waterways throughout the United States.
America’s Water Infrastructure Act Signed into Law Read More »
On July 31, 2018, Bloomberg released an interactive series of maps demonstrating the breakdown of land use in the United States. The article, which can be found here, provides an in-depth look at the ways in which we utilize the nearly 2 billion acres of land in the contiguous United States. The United States is
Land Use in the United States Read More »
On February 1, 2018, the Ninth Circuit Court of Appeals upheld the “groundwater conduit theory,” whereby a discharge of pollutants into groundwater that is fairly traceable to a navigable surface water is the functional equivalent of a discharge directly into the navigable water body for the purpose of regulation under the Clean Water Act. This
Ninth Circuit Upholds Groundwater Conduit Theory Read More »
In 2015, the Environmental Protection Agency (“EPA”) and U.S. Army Corps of Engineers (“Corps”) issued a joint administrative rule, the “WOTUS Rule,” attempting to define the statutory term “waters of the United States” within the Clean Water Act (“CWA”) in order to more clearly define the agencies’ jurisdiction. Schroeder Law Offices summarized the background and
WOTUS Rule Litigation Update Read More »
Co-Authored By: Attorney Therese Ure & Lisa Mae Gage In August 2015 the United State Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) put their stamp of approval on the Waters of the United States (“WOTUS”) final rule. The WOTUS rule significantly expanded the definition of “waters of the United States”
The Clean Water Act is an issue of gathering significance with the Environmental Protection Agency and adoption of a newly defined “waters of the United States” (“WOTUS”), wherein civil and criminal penalties can attach if pollutant is discharged into jurisdictional waters. Thus, whether water is defined as “jurisdictional” becomes an important significance. On May 31,
U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court Read More »
On November 3, 2015, the United States Senate voted on legislation meant to repeal the federal regulation re-defining “Waters of the United States” (“WOTUS”). WOTUS sets EPA’s jurisdiction, and thereby how far the EPA can reach to regulate various waterways. The regulation increases federal jurisdiction over water within the United States, which many believe will
Senate Takes Action to Repeal WOTUS (Updated 1/20/16) Read More »
On June 29, 2015 the Environmental Protection Agency (“EPA”) published a new rule under the Clean Water Act, re-defining “Waters of the United States,” and sought to expand federal jurisdiction over certain water sources. The new rule was set to go into effect on August 28, 2015. Due to the implications and potential effect the
Court Grants Injunction to EPA Rule Read More »
Professor Michael Blumm is a noted scholar and professor at Lewis & Clark Law School. I had the privilege of attending more than one of his classes during my time there. Therefore, I was somewhat surprised when I read his guest editorial in the Oregonian and letter to the Oswego Lake Work Group regarding public
Public Access to Oswego Lake? Read More »
