Category Archives: Clean Water

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Supreme Court Simultaneously Rejects and Creates Chaos in WOTUS Litigation

The Supreme Court’s unanimous ruling in National Association of Manufacturers (NAM) v. Dept. of Defense, et al., on Monday, January 22, 2018 will make the already long, drawn-out battle over the Waters of the United States (WOTUS) Rule even longer and more convoluted.  The Court’s decision did not address the perennial question of the substance … Continue Reading

Bold Predictions for 2018

2017 ended with a bang, well, more like a “pop.” I’m writing this with my leg comfortably elevated, recovering from a torn Achilles tendon and subsequent surgery. This mandatory rest period has provided the opportunity to watch all those year-end cable news shows where the so-called experts look back on forecasts they made a year … Continue Reading

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

Waters of the United States: The Struggle to “Repeal and Replace” Isn’t Limited to Healthcare

The USEPA and Army Corps of Engineers finally announced what has been expected since Inauguration Day – the repeal of the 2015 “Waters of the United States” (WOTUS) rule.  Not unlike the more prominent political battle raging over the Affordable Care Act, the administration now faces the stern challenge of replacing the controversial rule.  Many … Continue Reading

Water Project Secures Appellate Win in Arduous NEPA Journey

When politicians seek to target NEPA as the primary culprit for delays in major infrastructure projects, I am consistently one of the voices urging caution. Many realities create delay, most often, the lack of funding to get large-scale projects off the ground. We know that most federal projects get through the NEPA compliance by issuance of a … Continue Reading