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21 Sep 2023, 7:20 am by Robin E. Kobayashi
Robinson, Co-Editor-in-Chief, Workers’ Compensation Emerging Issues Analysis (LexisNexis) As we move through the third decade of the twenty-first century, the United States remains a land of contradictions. [read post]
26 Jun 2023, 12:00 am by Alessandro Secino
  Why you should care about this decision By now, you may be wondering why anyone in Southwest Florida should care about whether creeks and wetlands in Bonner County, Idaho, constitute “waters of the United States”? [read post]
26 Jun 2023, 12:00 am by Alessandro Secino
  Why you should care about this decision By now, you may be wondering why anyone in Southwest Florida should care about whether creeks and wetlands in Bonner County, Idaho, constitute “waters of the United States”? [read post]
15 Jun 2023, 1:46 pm by James J. Scherer
On May 25, the Supreme Court of the United States (SCOTUS) made its final decision on a long-running case that will redefine the power and authority that the United States Environmental Protection agency (EPA) will have to regulate and protect the navigable waters of the United States (WOTUS). [read post]
Relying heavily on Justice Scalia’s bright-line rule articulated in Rapanos, the Supreme Court reversed the Ninth Circuit’s decision and concluded that the only waters which are “waters of the United States” and thus protected by the CWA are those with a continuous surface connection to “navigable waters,” like key lakes and rivers that affect interstate commerce. [read post]
Environmental Protection Agency, released May 25, 2023, limits waters of the United States (“WOTUS”) to “relatively permanent” water bodies such as streams, oceans, rivers and lakes, and to wetlands with a “continuous surface connection” to those water bodies. [read post]
31 May 2023, 11:18 am by Alan Brackett
Environmental Protection Agency, arose from a couple who purchased a lot near Priest Lake, Idaho in 2004. [read post]
31 May 2023, 11:18 am by Alan Brackett
Environmental Protection Agency, arose from a couple who purchased a lot near Priest Lake, Idaho in 2004. [read post]
31 May 2023, 11:18 am by Alan Brackett
Environmental Protection Agency, arose from a couple who purchased a lot near Priest Lake, Idaho in 2004. [read post]
31 May 2023, 11:18 am by Alan Brackett
Environmental Protection Agency, arose from a couple who purchased a lot near Priest Lake, Idaho in 2004. [read post]
30 May 2023, 8:10 am by Evan George
  As recounted here by Richard Frank, the Sacketts sued the EPA in 2008 after they sought to build a house in Idaho near Priest Lake and the agency said they needed a permit under the Clean Water Act because the wetlands were federally protected. [read post]
25 May 2023, 8:40 am by Amy Howe
” The CWA defines navigable waters as “waters of the United States. [read post]
15 Mar 2023, 5:16 am by Nick Nugent
If the buzz over the “Twitter Files” has revealed anything, it’s that the prospect of finding state action in the workings of social media companies can be alluring indeed. [read post]
7 Feb 2023, 3:30 am by Kevin Kaufman
A stark example of this occurs in New England, where even though I-91 runs up the Vermont side of the Connecticut River, many more retail establishments choose to locate on the New Hampshire side to avoid sales taxes. [read post]
6 Dec 2022, 3:45 am by Kyle Hulehan
Following New Hampshire is Indiana (35.6 percent), Virginia (27.6 percent), Idaho (25.8 percent), Wyoming (24.4 percent), and North Dakota (18.6 percent). [read post]