Category: Wetlands

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EPA and Army Corps of Engineers Release Proposed Rule on the Scope of Waters Covered Under the Clean Water Act

On March 25, 2014, the U.S. Environmental Protection Agency and the Army Corps of Engineers jointly released a proposed rule defining waters that fall under the jurisdiction of the Clean Water Act as “waters of the United States.”  The wide sweep of the coverage afforded by the proposed rule, if finalized, would represent a significant … Continue Reading

EPA Publishes Draft Scientific Report To Support Significant Expansion of Clean Water Act Jurisdiction

On September 17, 2013, the Environmental Protection Agency announced the release of a draft scientific report that is widely seen as a prelude to upcoming regulations that would significantly expand federal permitting jurisdiction under the Clean Water Act. See our update for more information about the draft report, which is titled “Connectivity of Streams and … Continue Reading

California Court Sidesteps Jurisdictional Question Under The Clean Water Act

Since the U.S. Supreme Court decided the Rapanos case in 2006, federal courts have grappled with the question of what qualifies under the Clean Water Act as “waters of the United States.”  Last week in Garland v. Central Valley Regional Water Quality Control Board, a California court sidestepped the question.  The Regional Board issued an … Continue Reading

The Wetlands Debate Intensifies As House Republicans Question Two Upcoming EPA Studies

In a recent post ["When is a Wetland a Wetland -- and How Do We Find Out?"] we described the significant uncertainties in ascertaining the reach of the Clean Water Act over wetlands, ponds, drainage ditches and other small aquatic features only remotely connected to navigable waterways such as rivers and lakes.  On June 12, the debate … Continue Reading
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