April 6, 2017 | Category:
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News,
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Waters Of The U.S.This week, the U.S. Supreme Court decided that it will hear a case related to the Clean Water Rule, also known as the Waters of the United States rule, promulgated under the Obama administration. The Supreme Court denied the Trump administration’s motion to put the ligation on hold in light of President Trump’s February executive […]
On February 28, 2017, President Trump signed an executive order directing the roll back of Clean Water Act rules promulgated under the Obama administration. The rules, known as the Waters of the United States rule, defines federal permitting jurisdiction under the CWA. During his 2016 campaign, the president spoke frequently of his intentions to roll […]
February 7, 2017 | Category:
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Waters Of The U.S.Today, the United States Army Corps of Engineers sent a Notification to Congress regarding the Dakota Access Pipeline, announcing the Corps’ intention to grant an easement for the oil pipeline to cross Lake Oahe. (Document HERE.) The easement is located north of the Standing Rock Indian Reservation and is the subject of the Standing Rock […]
November 18, 2016 | Category:
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Waters Of The U.S. Santa Barbara County Water Supply Vanishing Due to Drought The reservoir serving much of Santa Barbara County reached a record low this summer and could continue to disappear with a dry winter. The 3,000 acre reservoir, Lake Cachuma (see above photos in “before” and “after” shots), holds Santa Barbara County’s drinking water and reached […]
October 16, 2016 | Category:
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Waters Of The U.S.Rep. Huffman of California Asks FERC to Approve Klamath Dam Removal On October 12th, Rep. Jared Huffman, D-Calif., Ranking Member on the Water Power, and Oceans Subcommitte on the House Committee on Natural Resources, sent a letter to the Federal Energy Regulatory Commission (“FERC”), urging FERC to approve applications which would allow the transfer of […]
June 23, 2016 | Category:
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Waters Of The U.S.State Water Resources Control Board: New Regulations and Permit Requirements for Wetlands and Waters of the State On June 17, 2016, the State Water Resources Control Board (“State Water Board”) proposed a regulatory and permitting framework for wetlands not otherwise covered by the federal Clean Water Act. The State Water Board had previously recognized that […]
May 31, 2016 | Category:
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Waters Of The U.S.High Court Holds That Jurisdictional Determinations are Subject to Immediate Judicial Review On May 31, 2016, the United States Supreme Court issued its highly-anticipated ruling in United States Army Corps of Engineers v. Hawkes Co., Inc., holding that the Army Corps of Engineers’ jurisdictional determinations (“JD”) are final agency actions subject to immediate judicial review. […]
May 17, 2016 | Category:
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California,
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mitigation bank,
Waters Of The U.S.Mitchell Chadwick Helps Win Approval of Largest Mitigation Bank in California Mitchell Chadwick LLP, working with Land Veritas, owner of the Petersen Ranch Mitigation Bank and WRA, Inc. are pleased to announce that the Lahontan Regional Water Quality Control Board, Los Angeles Regional Water Quality Control Board, U.S. Army Corps of Engineers, and the California Department of […]
April 1, 2016 | Category:
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Waters Of The U.S.Kennedy Skeptical Of Waters Of U.S. Rule Constitutionality Earlier this week, U.S. Supreme Court Justice Anthony Kennedy called the Clean Water Act “arguably unconstitutionally vague.” This was a welcome hint on the future of the rule for landowners, project proponents and other critics of U.S. EPA’s new Waters of the U.S. Rule, which defines the […]
March 31, 2016 | Category:
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Waters Of The U.S.The Army Corps of Engineers Argues Jurisdictional Determinations Not Subject to Judicial Review In the days before oral argument before the U.S. Supreme Court regarding the ability of the U.S. Army Corps of Engineers (“ACOE”) to claim jurisdiction over bodies of water, the ACOE emphasized the inability for its jurisdictional determinations to be challenged. The […]
