Articles tagged under: Waters of the United States
WOTUS Litigation Resurfaces
Published February 17, 2023
Twenty-four states, including North Dakota and South Dakota, are suing the Environmental Protection Agency over its new Waters of the United States rule. The attorneys general claim the rule is too restrictive and may end up hurting farmers, ranchers and…SCOTUS Takes a Closer Look at Wetlands and WOTUS
Published October 4, 2022
How is adjacency defined when it comes to navigable waters under the Clean Water Act? In Monday’s oral arguments at the Supreme Court, that was a question debated frequently between the Justices to lawyer Damien Schiff. Arguing on behalf of…EPA Holds First Virtual WOTUS Roundtable
Published May 9, 2022
On Monday, the EPA hosted its first virtual regional roundtable on the Waters of the United States rule. Iowa State University Civil and Environmental Engineering Professor Larry Weber told the EPA there are high levels of nitrates leaving Iowa in…Redefining WOTUS Is Not Simple
Published May 5, 2022
The Environmental Protection Agency is developing a more durable definition of Waters of the United States. The agency wants to provide certainty to agriculture, but EPA Administrator Michael Regan says it is a fine line to walk. "How do you…Republican Senators Ask Agencies to Suspend WOTUS Rulemaking
Published February 4, 2022
Senate Republicans want the EPA and Army Corps of Engineers to suspend the pending Waters of the United States rule making. At least until the Supreme Court completes its consideration of Sackett versus the EPA. Lawmakers including Senators John Thune…Supreme Court Will Re-Consider WOTUS Case
Published January 25, 2022
This spring, the U.S. Supreme Court will consider a case involving the definition of Waters of the United States. This case is called Sackett versus EPA. The Sacketts are an Idaho couple who would like to build a house, but…Double Check NRCS Wetland Determination Maps
Published December 11, 2021
Last year, USDA adjusted the wetland determination process. Minnesota-based Rinke Noonan Law attorney Kale Van Bruggen says famers can recertify wetland determinations or request changes. NRCS wetland determination maps are also connected to the EPA’s Waters of the United States…Pre-2015 WOTUS Rule Reinstated
Published November 21, 2021
The controversial Waters of the United States rule is being redefined again. This proposal from the EPA and Army Corps of Engineers reinstates the WOTUS definition from before 2015 and replaces the Navigable Waters Protection Rule implemented during the Trump…New WOTUS Definition Sets Foundation to Build On
Published October 18, 2021
North Dakota Senator Kevin Cramer say the new Waters of the United States definition being considered by the White House Office of Management and Budget lays the foundation to continue the conversation on a new WOTUS rule. "This temporary definition…