wetlands

The Quagmire of Clean Water Act Jurisdiction

The scope of federal jurisdiction over water bodies and wetlands remains as murky as ever.

The Biden Administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. It still plans to issue a revised definition later in the year. That sounds like a very technical issue. But it actually determines the extent to which …

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California Adopts New, Welcome Wetlands Protection Rules

State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards

This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources.  Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary.  Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal …

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High-Stakes Races in Florida

A Senate seat and the Governor’s Mansion are both in play.

Florida has not one but two races this year with national significance.  One is the Senate race.  The other is the Governor’s race. We all know why Senate races matter, especially this year when the Senate is so closely divided. A  gubernatorial race, in contrast, normally would be considered mostly a local matter. But there …

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Guest Bloggers Rob Verchick and Matt Shudtz: Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case

Professors Argue Fifth Circuit Decision Upsets Federal/State Court Balance, Will Prevent States from Relying on Their Own Laws to Protect Important Natural Resources

Last month, more than two dozen law professors from around the country filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas …

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Obama’s Remarkable Environmental Achievements

When you look at the whole of his legacy, it’s a stunning record.

When he leaves office in January, President Obama will have compiled a remarkable record of environmental achievements. The record spans everything from climate change to endangered species and ocean protection. We can only hope that next Tuesday’s election doesn’t undo many of these gains. Here is a list, in no particular order, of twenty of …

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Hail to the Chief: John Roberts and the WOTUS Rule

Roberts virtually bemoaned the lack of a rulemaking. Now he’s got what he wanted.

The government issued a long-awaited Waters of the United States rule (WOTUS for short).  No doubt there will be much gnashing of teeth about the issuance of the rule — a very safe bet since the gnashers of teeth got going long before the rule was actually issued.  But one person who should be happy …

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The Role of Permits in the Regulatory State

The structure of permitting programs can make a big difference for the implementation of environmental law

Author’s Note: The following post is co-authored by Eric Biber and J.B. Ruhl, the David Daniels Allen Distinguished Chair of Law and the Co-Director of the Energy, Environment, and Land Use Program at Vanderbilt Law School. This post is cross-posted at Reg Blog. Reg Blog, supported by the U Penn Program on Regulation is an …

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Justice Roberts Should Welcome EPA’s Proposed New Wetlands Rule

The Environmental Protection Agency today issued a proposed new rule that seeks to clarify exactly how far the federal government’s jurisdiction reaches in requiring permits for the dredging and filling of wetlands.  In doing so, President Obama’s EPA is responding directly to Chief Justice John Roberts’ lament in his concurring opinion in Rapanos v. United …

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Rand Paul versus Clean Water

Rand Paul’s plan to cut wetlands protection and make enforcement against polluters impossible.

Rand Paul recently won a big victory in the straw poll held by CPAC,the Conservative Political Action Conference.  In the environmental area, his signature measure is the Defense of Environment and Property Act. On its surface, the goal of the law is to cut back on federal jurisdiction over wetlands. The bill would drastically cut back …

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Previewing This Week’s Oral Arguments in the Supreme Court’s Most Important Property Rights Case This Term

On Tuesday, the U.S. Supreme Court will hear oral arguments in what is shaping up as the Court’s most important property rights case of the current Term: Koontz v. St. Johns River Water Management District, No. 11-1447.  What can we expect? Koontz is one of three Takings Clause cases on the Court’s docket this Term.  …

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