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In their Spring 2019 Regulatory Agendas, the EPA and the U.S. Army Corps of Engineers (Corps) indicated they are aiming for December 2019 to issue their final revised definition of Waters of the United States (WOTUS). The revised definition of WOTUS is intended to provide clarity to farmers and other members on the regulated community […]
During the first half of 2019, the U.S. Environmental Protection Agency’s (EPA) enforcement record has proven that the more things change, the more they stay the same. Despite shifting priorities and upheaval regarding the scope of the Agency’s jurisdiction over waters of the United States (WOTUS), the EPA has quietly continued to issue hefty fines […]
For those who prefer to read rather than listen, check out this transcript of a recent episode of our EHS on Tap podcast, wherein we’re talking with Ian Cohen, Product Marketing Manager for Cority’s Safety, Environmental, and Sustainability Solutions, about the complex array of federal and state environmental regulations (and deregulations) shaping today’s compliance landscape.
In its proposed replacement definition of Waters of the United States (WOTUS), the EPA emphasized that one of its goals was to “strike a balance between Federal and State waters and carry out Congress’ overall objective [in the Clean Water Act (CWA)] to restore and maintain the integrity of the nation’s waters in a manner […]
With the release of their proposed redefinition of the Clean Water Act (CWA) term waters of the United States (WOTUS), the EPA and the Army Corps of Engineers are, technically at least, midway in their journey toward replacing the Obama administration’s 2015 WOTUS definition. The prepublication version of the proposal is available here.
As the Supreme Court directed in National Association of Manufacturers v. Department of Defense, challenges to the EPA’s Clean Water Rule or waters of the United States (WOTUS) (June 26, 2015, Federal Register (FR)) must be filed in federal district courts rather than in courts of appeal. This has set the stage for dueling opinions […]
Judge David C. Norton of the U.S. District Court for South Carolina upended the Trump administration’s careful plans to eliminate and replace the Obama administration’s Clean Water Rule by issuing an injunction against the EPA and Army Corps of Engineers’ (Corps) “Suspension Rule” that delayed the effective date of the Clean Water Rule for 2 […]
In a Supplemental Notice of Proposed Rulemaking (Supplemental Proposal), the EPA and Army Corps of Engineers (Corps) note that their July 27, 2017, notice of proposed rulemaking (NPRM) to repeal the Obama administration’s 2015 Clean Water Rule defining the Clean Water Act (CWA) term Waters of the United States (WOTUS) prompted 685,000 public comments both […]
In February 2018, the EPA requested public comment on whether the Agency should continue to abide by its “previous statements” regarding whether point source pollutant discharges to groundwater are subject to regulation under the Clean Water Act (CWA) if the groundwater has a hydrologic connection to Waters of the United States (WOTUS) or waters that […]
The current administration’s two-part rulemaking to first rescind and then replace the prior administration’s Clean Water Rule to define the Clean Water Act (CWA) term Waters of the United States ((WOTUS rule), June 29, 2015, Federal Register (FR)) derives from two positions.