MGKF Law
MAY 29, 2023
715, 754 (2006). While the 9-0 decision was unanimous in judgment by holding that the Sacketts’ wetland was not subject to federal jurisdiction, the court was sharply divided as to the test to determine when an adjacent wetland qualifies as a Water of the United States (or “WOTUS”). United States, 547 U.S. See 88 Fed.
E2 Law Blog
MAY 26, 2023
A few months later, the Environmental Protection Agency (EPA) notified the Sacketts that their property contained wetlands and ordered the couple to restore the site or face penalties of up to $40,000 a day. 715 (2006), and embraced ever since in a series of rulemakings and jurisdictional determinations by the EPA and the U.S.
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Law and Environment
MAY 31, 2023
Environmental Protection Agency , which significantly narrowed the Clean Water Act’s (“CWA”) test for determining whether wetlands are protected “waters of the United States” and the federal permitting requirements for development projects in covered wetlands areas. United States , 547 U.S.
Ohio Environmental Law
SEPTEMBER 4, 2023
On August 29, 2023, the United States Environmental Protection Agency (U.S. 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).
Ohio Environmental Law
SEPTEMBER 4, 2023
On August 29, 2023, the United States Environmental Protection Agency (U.S. 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).
The Energy Law Blog
JULY 25, 2013
To understand the stormwater permit requirements for oil and gas activities, you need to review not only the regulations that remain in force, but also the Clean Water Act as amended by the Energy Policy Act of 2005. The 2006 regulations were judicially challenged and eventually vacated. CWA §402(l)(2).
The Energy Law Blog
APRIL 1, 2014
On March 25, 2014, the Environmental Protection Agency (“EPA”) and the Army Corps of Engineers (“Corps”) jointly released a proposed rule purporting to clarify the scope of the “waters of the United States” protected under the Clean Water Act. United States, 547 U.S.
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