In March 2019, the U.S. Army Corps (“Corps”) issued a Clean Water Act, Section 404 (“CWA”) permit to PolyMet Mining Inc. (“PolyMet”) for an open-pit copper-nickel mine in Minnesota. CWA, Section 404, requires Corps authorization before any work involving placement of fill or discharge of dredged materials begins in any waters of the United States […]
To look at the headlines today, you might think the sky was falling and the United States was headed off into a ditch somewhere—all because of the United States Supreme Court. Headlines proclaiming that the Supreme Court “delivered a blow to wetlands” (NBC News), “shrinks clean water protections” (The Guardian), “weakens clean water protections” (Vox) […]
The House failed to overturn President Biden’s veto of a Republican effort to nullify his administration’s new and expansive water of the U.S. rule which delineates which waters are subject to federal jurisdiction and regulation. The Biden rule greatly expands the federal government’s jurisdictional reach, requiring federal permits for a litany of projects. The House voted 227-196 to overturn […]
