wotus

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America’s Water Infrastructure Act Signed into Law

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.

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WOTUS Rule Litigation Update

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

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President Trump Directs Executive Departments and Agencies to Review WOTUS with an Eye to Rescind or Revise it

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”

President Trump Directs Executive Departments and Agencies to Review WOTUS with an Eye to Rescind or Revise it Read More »

U.S. Supreme Court Rules CWA Jurisdiction Reviewable in Federal Court

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,

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Senate Takes Action to Repeal WOTUS (Updated 1/20/16)

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 »

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