Category Archives: Waters of the United States

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Cost-Benefit Analyses: Focus of the Next Wave of APA Litigation

Stop me if you’ve heard this one. An engineer, a mathematician, and an economist find themselves stuck in a 30-foot-deep ditch.  Two of them start working away furiously—the engineer is scratching out plans to alter the slope of the ditch to allow them to climb to safety, and the mathematician is calculating the items of … Continue Reading

Supreme Court to Decide Whether District or Circuit Courts Have the First Crack at WOTUS

Since the WOTUS rule was promulgated in 2015, there has been much debate over its validity, promises by the current administration to repeal and replace the rule, and, on July 27, 2017, a notice of proposed rulemaking that would alter the current definition of “waters of the United States.”  But before the merits of the … Continue Reading
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