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WOTUS

84 FR 4154

ELR Federal Agency Update

83 FR 67174

ELR Federal Agency Update

83 FR 32227

ELR Federal Agency Update

Georgia v. Pruitt

ELR Case

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states...

New York v. Pruitt

ELR Case

A district court denied the U.S. government's request to transfer to the Southern District of Texas two cases challenging the Trump Administration's delay of the Clean Water Rule. One lawsuit was brought by the state of New York, and...

United States v. Robertson

ELR Case

The Ninth Circuit upheld the criminal conviction of a Montana resident for violations of the CWA. The resident was sentenced to 18 months in prison and had to pay a $130,000 fine for digging ponds and diverting a creek onto his land in...

Hawkes Co., Inc. v. U. S. Army Corps of Engineers

ELR Case

A district court granted summary judgment in favor of a mining company in a case involving the U.S. Army Corps of Engineers' determination that wetlands intended to be mined of peat had a significant nexus to waters of the United States...

Murray Energy Corp. v. United States Department of Defense

ELR Case

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners...

“Waters of the United States” and the Agricultural Production Sector: Sweeping Change or More of the Same?

ELR Article

EPA and the Corps’ promulgation of a new definition of “waters of the United States” under the CWA has prompted a fierce rhetorical and legal debate. EPA maintains that the agencies’ jurisdiction may actually be limited by the new...

North Dakota v. U.S. Environmental Protection Agency

ELR Case

A district court stayed further proceedings in litigation challenging EPA's "waters of the United States" (WOTUS) rule pending any further decision by the U.S. Court of Appeals for the Sixth Circuit or the U.S. Supreme Court. Numerous...