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EPA Issues Emergency New Rule on Waters of the United States

Using a rarely invoked exception to the Administrative Procedure Act’s requirement for public notice and comment prior to issuing a new rule, the EPA set forth a new rule governing jurisdiction under the Clean Water Act (CWA). Believing that this new rule was urgently needed in light of the recent U.S. Supreme Court eviscerating the […]

| 2 min read | Tagged: , , ,
MK

Will the Sackett Test Clarify the Reach of Clean Water Act Jurisdiction?

by Michael C. Ford “Sackett” may be poised to become a part of the Clean Water Act (CWA) jurisdictional lexicon, joining the likes of Rapanos, significant nexus, relatively permanent, and Solid Waste Agency of Cook County, on the tip of every Clean Water Act practitioner’s tongue.  In a surprise move, the Supreme Court of the […]

| 3 min read | Tagged: , , ,