WOTUS

Nationwide WOTUS Certainty in Sight

By Byron Kirkpatrick, Fitzgerald Veira, Brooks Smith, Patrick Fanning & Houston Shaner on October 21, 2019

EPA and the U.S. Army Corps of Engineers’ new rule repealing the 2015 “Clean Water Rule,” will be published in the Federal Register tomorrow.

The “repeal rule” will take effect December 20, 2019, providing nationwide consistency regarding the jurisdiction of Waters of the U.S. and ending the current…

Petition to the Supreme Court to Review WOTUS Jurisdiction Quandary

By Environmental Law and Policy Monitor on October 19, 2016

Posted in Water

On Friday, October 7, 2016, several industry trade organizations and associations, as respondents, filed a brief requesting that the U.S. Supreme Court review the fractured decision of the Sixth Circuit to exercise jurisdiction over various challenges to the EPA-Army Corps issued Waters of the United States (”WOTUS”) Rule under the Clean Water Act (“CWA”).