Tag Archives: USEPA

Clean Water Act Jurisdiction under the Newly Issued Clean Water Rule

More than 40 years after Congress passed the landmark Clean Water Act, the jurisdictional reach of that statute remains a contentious legal and political issue. By prohibiting the discharge of pollutants to “navigable waters” without a permit, the Act expressly limits its protections to “navigable waters.” The statute defines “navigable waters” as “waters of the … Continue Reading

Surprise – USEPA Misses Another Deadline for Issuing Draft Stormwater Regulations

If you have been following this issue closely, it will come as little surprise that USEPA has missed yet another deadline for issuing a draft rule regulating stormwater discharges from developed and redeveloped sites across the country. This proposed stormwater rule is another example of the increasingly criticized “sue and settle” practice employed by citizens … Continue Reading

Stormwater’s Day in the Sun

For those following stormwater regulatory issues, 2013 is proving to be a very interesting year.  Last week, the U.S. Supreme Court upheld a regulation exempting stormwater flows from logging roads from permitting under the Clean Water Act.  This is the third federal court decision of the year to address the scope of federal authority to … Continue Reading
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