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Don’t step in that Puddle! The U.S. Army Corps of Engineers Adopts new Iowa Stream Mitigation Rules
Before someone decides to remove or alter “Waters of the United States” (“WOTUS”) through construction, plowing, grading or other similarly activities a 404(b) permit must be obtained. Part of the permitting process involves proving that the “Least Damaging Practicable Alternative” … Continue reading
Posted in USACE News, USEPA News
Tagged bed and bank, Clean Water Act, cwa, EPA, usace, waters of the US, wotus
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EPA and USACE Move to Rescind 2015 Waters of the U.S. Rule
In a move that surprises nobody, the Environmental Protection Agency and the Department of Army, and Army Corps of Engineers (“USACE”) proposed on June 27, 2017 a new rule to rescind the 2015 Waters of the US Rule and re-codify the regulatory … Continue reading
The EPA’s Epic Animas River Spill
The August 5, 2015 Gold King Mine spill by the EPA created what has to be some of the most epic visuals in environmental history. That this spill was done by the EPA (or its contractor) is probably beyond belief by … Continue reading
Utility Air Regulatory Group v. EPA – Narrowing EPA’s Greenhouse Gas Regulations
On June 23, 2014 the U.S. Supreme Court issued its long-awaited and much anticipated decision in Utility Air Regulatory Group v. EPA. At issue was the legitimacy of the EPA’s “tailoring” Rule which sought to impose regulations on greenhouse gas emissions … Continue reading
D.C. Circuit Rules That EPA Cannot Defer Carbon Dioxide Limits For Ethanol Plants
On July 12, 2013 the United States Court of Appeals for the D.C. Circuit issued an opinion in the case entitled Center for Biological Diversity v. EPA, 722 F.3d 401 (C.A.D.C. 2013). In 2011 the EPA issued regulations deferring CO2 … Continue reading
Gulf Restoration Network v. Jackson – EPA must decide if it can impose numeric nutrient criteria for the Mississippi and Gulf
NOTE: This case has been appealed as of November 18, 2013 by the EPA. The recent district court decision of Gulf Restoration Network v. Jackson is another win for environmental groups seeking to impose regulations through judges instead of through … Continue reading