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Taking Bets: The Supreme Court Is Just About to Split NPDES and Section 404 Permitting Under the Clean Water Act

Acoel

The Supreme Court is stepping once more into Clean Water Actwaters of the United States,” more popularly known as WOTUS. If you’re a Clean Water Act wonk, there may be a little voice in the back of your head yelling, “Theeeey’re baaack!” United States.

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Back to the Future: Waters of United States Reverts to Pre-2015 Definition

Environment Next

District Court for the District of Arizona vacated a 2020 rulemaking that had pared back protections to certain bodies of water (see attached August 30, 2021 Opinion ). The 2020 rulemaking replaced a 2015 rule defining “waters of the United States” more broadly under the Clean Water Act. 715 (2006).

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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EPA Publishes WOTUS Update Following Sackett Decision

Ohio Environmental Law

EPA) and the Army Corps of Engineers (ACOE) issued a direct final rule without public comment amending the definition of the “Waters of the United States” (WOTUS) which governs the scope of federal jurisdiction under the Clean Water Act (CWA). EPA issued the rule to conform its regulations to the ruling of the U.S.

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Is Agrochemical Contamination Killing Nebraska’s Children?

Circle of Blue

In the United States, excess nutrients build up in waterways from Lake Erie to the Gulf of Mexico, precipitating algae outbreaks that kill fish, close public drinking water utilities, and pollute water. Collectively they produced 294 million bushels of soybeans in 2020, ranking fifth nationally. billion bushels.

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Supreme Court Adopts Major New “Functional Equivalent Test” for Discharges under Clean Water Act

Ohio Environmental Law

Supreme Court issued a major ruling interpreting the breadth and scope of the Clean Water Act in County of Maui v. A source of ongoing debate over the scope of the Clean Water Act has been to what extent does the statute regulate discharges when they come into contact with groundwater?

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Roe v. Wade Draft Bodes Ill for Air, Wetlands and EPA

Union of Concerned Scientists

Outside of bird protection acts of the early 20 th century, protections for water, air and the atmosphere are a late 20 th -century development, created in the wake of Rachel Carson’s 1962 treatise on pesticides, Silent Spring. Justice Alito has displayed similar cynicism about water protection. The EPA under both the George W.