WOTUS

The Ecological Restoration Business Association Issues Statement Regarding Army Corps Guidance Post Sackett

ERBA Applauds Corps Guidance on Watershed Approach and Mitigation Post-Sackett      From ERBA: Last Friday, on World Water Day, Assistant Secretary for the Army Michael Connor issued guidance affirming the position of the 2008 Compensatory Mitigation Rule (“Rule”) that restoration of non-jurisdictional waters and wetlands at compensatory mitigation sites may offset impacts to jurisdictional […]

EPA Broke Federal Law By Delegating Wetland Permitting to States?!

A federal court decided in February that in the rush to transfer wetlands permitting authority to Florida in the final days of the Trump administration, federal agencies and officials had violated the Endangered Species Act and other federal laws. Florida took over permitting under Section 404 of the Clean Water Act in December 2020. The […]

EPA’s New WOTUS Definition: Ripe for Litigaiton?

Does the EPA’s revised definition of “Waters of the United States” conform with the U.S. Supreme Court’s May 25, 2023, decision in the case of Sackett v. Environmental Protection Agency? Background Leading to EPA’s Revised Definition of Waters of the United States “WOTUS” Prior to the May 25, 2023, Sackett decision, the 2023 WOTUS Rule was finalized by […]

Common Sense Breaks Out: Wildfire Control Outweighs NPDES Permit

From January 1, 2020, to December 31, 2022, wildfires in the United States destroyed approximately 25 million acres of land. During this same period, 26,400 wildfires destroyed roughly 7.2 million acres of land in California. As the climate changes, wildfires in California will become more unexpected and uncontrollable. As a result, state and federal agencies […]

House and Senate vote to roll back Waters of the U.S. Rule

A Bipartisan Senate voted to roll back the Biden WOTUS rule under the Congressional Review Act, which requires a simple majority and cannot be filibustered. The House passed the same resolution 227-198, also with Democrats joining Republicans in the vote. The final rule, issued Dec. 30 from the Environmental Protection Agency and Army Corps of Engineers, replaced […]

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