This is a positive development for regulated stakeholders because establishing significance of the connection is a test articulated by Supreme Court Justice Kennedy to ascertain which wetlands merit Clean
Water Act jurisdiction.
Not exact matches
Under the Clean
Water Act, the federal government had expanded their
jurisdiction over waterways that expanded onto private property.
It is not the first time New York State has used the Clean
Water Act to control energy infrastructure typically under federal
jurisdiction.
Although the proposal acknowledges the 2015 rule includes some discussion of the role of states» rights in implementing the Clean
Water Act, it faults WOTUS for not including «a discussion in the 2015 rule preamble of the meaning and importance of section 101 (b) in guiding the choices the agencies make in setting the outer bounds of
jurisdiction of the
Act.»
According to senior EPA officials, the rule, crafted by both the EPA and the Army Corps of Engineers, will provide greater clarity about which
waters are subject to Clean
Water Act (CWA)
jurisdiction and greater certainty about which activities require CWA permits.
«UNITED STATES SENATE REPORT: From Preventing Pollution of Navigable and Interstate Waters to Regulating Farm Fields, Puddles and Dry Land: A Senate Report on the Expansion of
Jurisdiction Claimed by the Army Corps of Engineers and the U.S. Environmental Protection Agency under the Clean
Water Act» (PDF), United States Senate Committee on Environment and Public Works, September 20, 2016.
In the biggest Clean
Water Act (CWA) case in a decade, the US Supreme Court will soon decide whether government assertions of CWA
jurisdiction may be challenged in court.
The Clean
Water Act guidance, which would increase the number of
waters, streams and wetlands under the
jurisdiction of the 1972 law, has been stalled at the White House Office of Management and Budget for more than a year.
The White House Office of Management and Budget (OMB) has reportedly requested that EPA clarify whether the «significance» of a connection between smaller waterbodies and larger downstream
waters marks a technical or policy issue — echoing questions raised by a coalition of regulated stakeholders, including NAR, who are concerned that the agency may not be adequately weighing the issue as it works to clarify
jurisdiction of the Clean
Water Act (CWA).
Changing the scope of federal law is solely the responsibility of Congress, and over the past several Congresses, the legislative branch has repeatedly determined not to expand federal
jurisdiction under the Clean
Water Act.
The EPA and U.S. Army Corps of Engineers have released a proposal to rescind the Waters of the United States rule that expanded federal
jurisdiction under the Clean
Water Act.