New WOTUS rules: More clarity but still muddy

The Trump Administration’s latest Waters of the United States (WOTUS) rules, proposed last month, is the designed to clarify federal control over the nation’s aquatic system but still leaves significant room for interpretation. Landowners should be cautious in presuming that the rule will provide an easier path to obtain permits...

Shape of water? Legal battles rage over WOTUS repeal while EPA moves to modify veto authority

The Trump Administration’s efforts to overturn the Obama Administration’s 2015 Waters of the United States (WOTUS) rule continue to face an uncertain landscape as the sides line up for a lengthy legal battle.  While the battle continues over the “shape of water” subject to federal control, the Environmental Protection Agency (EPA) recently started a process to address a risk faced by many permit applicants – that EPA could veto a Corps of Engineers 404 permit either before it is applied for or after it is issued...

Why the Trump Administration’s “Waters of the US” repeal won’t be as fast as supporters want (or as its opponents fear)

As recent events show, the Trump Administration is moving ahead with repealing and replacing the controversial Waters of the United States (WOTUS) rules that the Obama EPA issued in 2015. Among the most recent news: On April 19, EPA officials met with associations representing local and regional governments and water resource agencies...

“The Trump administration can’t just say, ‘Well, we don’t like the rule, we’re going to vacate it.’”

One of the highest profile policy disagreements in Washington involves the Trump Administration’s effort to revoke the EPA’s 2015 Waters of the US (WOTUS) rules. Currently stayed by the Sixth Circuit Court of Appeals (for more, click here), this rule is a prime focus for both the Trump Administration and a majority of State Attorneys-General...

The Supremes’ gift to the Trump Administration

This month, the tangled legal saga of the Obama Administration’s 2015 Waters of the U.S. rule took a new turn. On January 13, 2017, the U.S. Supreme Court agreed to decide a jurisdictional dispute involving which federal court should hear challenges to the rule...