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17 Sep 2008, 9:23 pm
  An internal USEPA memorandum has surfaced that details impacts to USEPA's Clean Water Act enforcement program resulting from guidance issued by USEPA and the United States Army Corps of Engineers ("Corps") directing the USEPA's and the Corps' application of the SCOTUS's decision in Rapanos v. [read post]
28 Feb 2017, 4:42 pm by Abbott & Kindermann
Cucchi In his Executive Order, President Trump directs the EPA and USACE to clarify the 2015 Waters of the United States (“WOTUS”) Rule and in doing so, to take into consideration Justice Scalia’s 2006 Supreme Court opinion in Rapanos v. [read post]
12 Sep 2019, 1:42 pm by Deborah Heller
Part of the explanation for the repeal notes that the 2015 Rule exceeded the authority granted to the agencies by Congress by adopting an interpretation of the “significant nexus” test provided by Justice Kennedy in his concurrence in Rapanos v. [read post]
12 Jul 2020, 9:39 pm by Jeff Gittins
The Utah Court of Appeals recently issued its decision in the case of Black Diamond Financial LLC v. [read post]