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Sackett v. U.S. Environmental Protection Agency

ELR Case

The Ninth Circuit affirmed summary judgment for EPA in a challenge to a compliance order stating that landowners' property in Idaho contained wetlands subject to CWA protection and directing them to remove fill and restore the property...

How the Trump Administration Eased Destruction of the Nation's Wetlands and Streams

ELR Article

On June 22, 2020, the Navigable Waters Protection Rule (NWPR), the most significant rollback of the jurisdictional scope of the Clean Water Act (CWA) since its passage almost 50 years ago, went into effect. Supported by the American...

S. 4985

ELR Congressional Update

Back Bay Restoration Foundation, LTD v. United States Army Corps. of Engineers

ELR Case

A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an existing residential subdivision in Virginia...

Ten Years of the Compensatory Mitigation Rule: Reflections on Progress and Opportunities

ELR Article

In 2008, the U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) overhauled federal policy governing how impacts to wetlands, streams, and other aquatic resources authorized under §404 of the...

Practicable Alternatives for Wetlands Development Under the Clean Water Act

ELR Article

Section 404(b) of the Clean Water Act authorizes a “practicable alternatives” requirement for dredge and fill permits. EPA has adopted guidelines that set out and interpret that requirement, but the U.S. Army Corps of Engineers has...

Green, City of v. Nexus Gas Transmission, LLC

ELR Case

The Sixth Circuit held that the state of Ohio did not properly analyze the environmental harm of an eight-mile stretch of the Nexus natural gas pipeline or consider alternative routes to avoid the City of Green. The pipeline would run...

81 FR 63225

ELR Federal Agency Update

Minnesota: Sustainability

ELR State Update Item

S. 1523, Bill Introduced

ELR Congressional Update