By Andrew H. Perellis, Rebecca A. Davis, and Craig B. Simonsen
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published their final rule this week, finally replacing the 2015 rule that “impermissibly expanded the definition of ‘waters of the United States’ (WOTUS)” under the Clean Water Act. 85 Fed. Reg.
Continue Reading Continuing Saga — EPA and Corps Publish Final Rule Defining “Waters of the United States”
By Andrew H. Perellis, Rebecca A. Davis, and Craig B. Simonsen
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) published its final rule this week to repeal the 2015 rule that “impermissibly expanded the definition of ‘waters of the United States’ (WOTUS)” under the Clean Water Act. 84 Fed. Reg.
Continue Reading Ongoing Saga — EPA & U.S. Army Repeal 2015 Rule Defining “Waters of the United States”
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The U.S. Environmental Protection Agency (EPA) and the Department of the Army (Corps) have recently proposed a “clear, understandable, and implementable definition of ‘waters of the United States’ [(WOTUS)] that clarifies federal authority under the Clean Water Act.”
Concerning the new draft proposed rule
Continue Reading EPA and Corps of Engineers Propose New “Waters of the United States” Definition
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: Continuing the fight over the Obama-era Waters of the United States (WOTUS) Rule, the Natural Resources Defense Council, Inc., the National Wildlife Federation, and a host of states, including New York and California have brought lawsuits against the U.S. Army Corps of Engineers (Corps)
Continue Reading States, NRDC, and NWF Sue EPA and Corps on Applicability Date Final Rule
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (USEPA) finalized a rule moving the applicability date to the Obama-era Waters of the United States (WOTUS) rule to February 6, 2020, two years in the future. 83 Fed. Reg. 5200 (Feb.
Continue Reading EPA and Corps Add Years to “Effective” Applicability Date of WOTUS Rule
By Andrew H. Perellis, Patrick D. Joyce, and Craig B. Simonsen
Seyfarth Synopsis: The Army Corps of Engineers (Corps) and the U.S. Environmental Protection Agency (EPA) proposed a rule that would add an applicability date two years in the future to the Obama-era Waters of the United States (WOTUS) rule. 82 Fed. Reg. 55542 (Nov. 22, 2017).
Continue Reading EPA and the Corps Propose to Add Years to “Effective” Applicability Date of WOTUS Rule
By Andrew H. Perellis and Craig B. Simonsen
Seyfarth Synopsis: Pursuant to President Trump’s Executive Order (EO) on “Restoring the Rule of Law… by Reviewing the “Waters of the United States” Rule, the Agencies have scheduled ten teleconferences to collect stakeholder recommendations on the revision of the Waters of the United States (WOTUS) rule.
We had previously
Continue Reading EPA and the Corps Schedule Ten “Public Meetings” to Solicit Comments on WOTUS Rule
By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen
EPA Administrator, Gina McCarthy, and the Assistant Secretary of the Army (Civil Works), Jo Ellen Darcy, just signed a proposed rule to “clarify” protections under the Clean Water Act for “streams and wetlands that form the foundation of the nation’s water resources.”
We had previously
Continue Reading Proposed Rule on Definition of “Waters of the United States” Under the Clean Water Act
By Andrew H. Perellis, Jeryl L. Olson, and Craig B. Simonsen
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers would, under a draft of a proposed rule recently obtained by Bloomberg BNA, assert Clean Water Act jurisdiction over all natural and artificial tributary streams, lakes, ponds, and wetlands that affect the chemical, physical, and
Continue Reading Draft Proposed Rule for New Definition of “Waters of the United States”
By Andrew H. Perellis and Craig B. Simonsen
The U.S. Environmental Protection Agency’s Science Advisory Board has just released for public comment a draft scientific report, “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence.” EPA/600/R-11/098B.
The draft
Continue Reading New Definition of “Waters of the United States”?