This document summarizes the history of regulatory definitions and court rulings related to "waters of the United States" (WOTUS) under the Clean Water Act. It discusses key Supreme Court cases in 2001 and 2006 that narrowed the scope of federal jurisdiction over wetlands and isolated waters. Subsequently, the Obama and Trump administrations issued new rules expanding and contracting the definition of WOTUS. The Biden administration is now reviewing the Trump-era rule and plans to establish a new durable definition through public input and regional roundtables.
Big changes have already hit the construction industry in California in the form of a new Industrial Storm Water General Permit, but even more changes are looming. The State Water Resources Control Board is working on a new permitting process for protecting “waters of the state.” Learn the latest on this important regulatory front and how it may impact your operations.
The Great Lakes-St. Lawrence River Basin Water Resources Compact was signed into federal law with great fanfare in 2008. However, states must do more to realize the Compact’s potential to better manage Great Lakes waters in and outside of the basin through comprehensive water conservation and efficiency programs, improved data sharing and more comprehensive permitting.
"Ramifications of New USEPA" was presented by Scott Doran on October 27, 2015, at the OTEC Conference. The presentation discussed the corps regulations defining of jurisdictional water.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
Big changes have already hit the construction industry in California in the form of a new Industrial Storm Water General Permit, but even more changes are looming. The State Water Resources Control Board is working on a new permitting process for protecting “waters of the state.” Learn the latest on this important regulatory front and how it may impact your operations.
The Great Lakes-St. Lawrence River Basin Water Resources Compact was signed into federal law with great fanfare in 2008. However, states must do more to realize the Compact’s potential to better manage Great Lakes waters in and outside of the basin through comprehensive water conservation and efficiency programs, improved data sharing and more comprehensive permitting.
"Ramifications of New USEPA" was presented by Scott Doran on October 27, 2015, at the OTEC Conference. The presentation discussed the corps regulations defining of jurisdictional water.
9/9 FRI 9:30 | Emerging Megatrends in Water Law and Policy 1APA Florida
Thomas Mullin
Water policy has long been a driving force for Florida’s development. Early history saw efforts to drain the Everglades to attract people. Water has again become a topic of discussion at the
federal, state, and local levels. Today water is discussed in terms of supply, demand, quantity, quality, preservation, restoration, conservation, harvesting, aquifers, well fields, stormwater, and
potable water. As water policy evolves, so does its influence on development and how we live. Hear from state experts on how water law and its policy have evolved from a history of draining the Everglades to a future of hydrating them.
Chad Forcey at the Irrigation Association outlines the current state of water law across the U.S., and what irrigation contractors can do to stay up to date on their local regulatory environment.
Appendix A: Accompanying case study to November 30, 2016 submission to the Fi...LOWaterkeeper
This is a support document to the November 2016 Fisheries Act submission by Fraser Riverkeeper, Lake Ontario Waterkeeper, Fundy Baykeeper, North Saskatchewan Riverkeeper, and Ottawa Riverkeeper. This support document is prepared by Pippa Feinstein for Lake Ontario Waterkeeper / Swim Drink Fish Canada.
Lake Ontario Waterkeeper's comments on review of changes to the Fisheries ActLOWaterkeeper
The Standing Committee on Fisheries and Oceans is in the process of reviewing changes that were made to the Fisheries Act by the previous government. Prior to the rollbacks to environmental laws, the Fisheries Act was one of the strongest legal tools for water protection in Canada and pivotal to Waterkeeper's work in protecting fish and fish habitat.
On November 14, 2016, Lake Ontario Waterkeeper's founders, Mark Mattson and Krystyn Tully presented "9 Things the New Fisheries Act Must Do To Make Canada Healthy and Prosperous" on behalf of the organization, Fraser Riverkeeper, Fundy Baykeeper, North Saskatchewan Riverkeeper, and Ottawa Riverkeeper.
After studying and reviewing the scope of application of the Fisheries Act, the Standing Committee will provide its recommendations in a report to the House by February 28, 2017.
Lake Ontario Waterkeeper's submission on the Navigation Protection Act ReviewLOWaterkeeper
On Wednesday, November 30, 2016, Lake Ontario Waterkeeper submitted comments to the Government of Canada on changes made to the Navigation Protection Act (formerly, "Navigable Waters Protection Act") – one of Canada’s oldest laws. Until 2009, the law remained substantially unchanged, when sweeping changes to the legislation eliminated protections for the majority of navigable waters in Canada and focused the law on specific acts of navigation on waters of interest to the federal government. Waterkeeper was the only environmental organization to participate in the committee review prior to the 2009 changes, and again in 2012. Here are Waterkeeper's recommendations for the Standing Committee on Transport, Infrastructure and Communities’ consideration.
“Our world is very dishonest, and our leaders encourage dishonesty by setting bad examples - by lying, being corrupt, and using political sleight of hand to sustain power.”
--- Stuart Wilde
a. Recreation benefits are more important than for air pollution.
b. Large economies of Scale in treating sewerage and other wastes create the possibility for large centralized treatment, while for air pollution on site treatment is standard approach.
EPA Proposed “Waters of the United States” Ruleartba
EPA’s proposed “waters of the United States” rule extends federal authority too far and would lead to greater project delays, ARTBA explains to a joint House and Senate committees.
Chad Forcey at the Irrigation Association outlines the current state of water law across the U.S., and what irrigation contractors can do to stay up to date on their local regulatory environment.
Appendix A: Accompanying case study to November 30, 2016 submission to the Fi...LOWaterkeeper
This is a support document to the November 2016 Fisheries Act submission by Fraser Riverkeeper, Lake Ontario Waterkeeper, Fundy Baykeeper, North Saskatchewan Riverkeeper, and Ottawa Riverkeeper. This support document is prepared by Pippa Feinstein for Lake Ontario Waterkeeper / Swim Drink Fish Canada.
Lake Ontario Waterkeeper's comments on review of changes to the Fisheries ActLOWaterkeeper
The Standing Committee on Fisheries and Oceans is in the process of reviewing changes that were made to the Fisheries Act by the previous government. Prior to the rollbacks to environmental laws, the Fisheries Act was one of the strongest legal tools for water protection in Canada and pivotal to Waterkeeper's work in protecting fish and fish habitat.
On November 14, 2016, Lake Ontario Waterkeeper's founders, Mark Mattson and Krystyn Tully presented "9 Things the New Fisheries Act Must Do To Make Canada Healthy and Prosperous" on behalf of the organization, Fraser Riverkeeper, Fundy Baykeeper, North Saskatchewan Riverkeeper, and Ottawa Riverkeeper.
After studying and reviewing the scope of application of the Fisheries Act, the Standing Committee will provide its recommendations in a report to the House by February 28, 2017.
Lake Ontario Waterkeeper's submission on the Navigation Protection Act ReviewLOWaterkeeper
On Wednesday, November 30, 2016, Lake Ontario Waterkeeper submitted comments to the Government of Canada on changes made to the Navigation Protection Act (formerly, "Navigable Waters Protection Act") – one of Canada’s oldest laws. Until 2009, the law remained substantially unchanged, when sweeping changes to the legislation eliminated protections for the majority of navigable waters in Canada and focused the law on specific acts of navigation on waters of interest to the federal government. Waterkeeper was the only environmental organization to participate in the committee review prior to the 2009 changes, and again in 2012. Here are Waterkeeper's recommendations for the Standing Committee on Transport, Infrastructure and Communities’ consideration.
“Our world is very dishonest, and our leaders encourage dishonesty by setting bad examples - by lying, being corrupt, and using political sleight of hand to sustain power.”
--- Stuart Wilde
a. Recreation benefits are more important than for air pollution.
b. Large economies of Scale in treating sewerage and other wastes create the possibility for large centralized treatment, while for air pollution on site treatment is standard approach.
EPA Proposed “Waters of the United States” Ruleartba
EPA’s proposed “waters of the United States” rule extends federal authority too far and would lead to greater project delays, ARTBA explains to a joint House and Senate committees.
Redefining Waters of the U.S. - Steven G. Jones, 09.10.14Holland & Hart LLP
On March 25, 2014, EPA and the Corps of Engineers issued a proposed rule defining "waters of the United States" under the Clean Water Act. The rule was published in the Federal Register on April 21, 2014. The proposed rule will apply to all CWA programs and significantly increases EPA's and the Corps' jurisdiction under the CWA. If the rule is adopted as proposed, the rule will impact most industries and municipalities.
On September 24, 2014, Kenneth Cook from WaterCentric joined us at the North Texas Commission offices to discuss Texas Water Rights and Alternative Sourcing. The North Texas Commission Webinar Series, Topic: North Texas, is presented by Verizon.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ADR in criminal proceeding in Bangladesh with global perspective.
NWRA 2021 Red Paddle - Blue Paddle: WOTUS Ping Pong
1. RED PADDLE-BLUE PADDLE:
WOTUS PING PONG
Norman M. Semanko
Attorney at Law
(208) 863-7921
nsemanko@parsonsbehle.com
parsonsbehle.com
NWRA 2021 Western Water Table Talk
Unraveling the Regulatory Environment
2. 2
Established federal jurisdiction over “navigable
waters”
“Navigable waters” defined as “waters of the
United States” (WOTUS)
Basis for permitting scheme and other programs
EPA and Army Corps of Engineers have
discretion to define WOTUS through rulemaking
The Clean Water Act (1972)
3. 3
Solid Waste Agency of Northern Cook County
(SWANCC), 531 U.S. 159 (2001)
Corps exceeded its statutory authority by
regulating non-navigable, isolated waters based
solely on use as habitat for migratory birds
Rapanos v. United States, 547 U.S. 715 (2006)
Struck down asserted federal jurisdiction over
isolated wetlands
No majority opinion: 4-1-4 decision
Key rulings over past 20 years
4. 4
Plurality (Scalia): WOTUS includes
“relatively permanent, standing or
continuously flowing bodies of water”
Concurring (Kennedy): WOTUS includes
those wetlands that “possess a significant
nexus” to waters that are navigable in fact
Concurring (C.J. Roberts): lamented the
agencies’ failure to conduct rulemaking
Rapanos opinions
7. 7
Increased asserted jurisdiction, bucking
the trend in SWANCC and Rapanos
Resulted in a proliferation of litigation,
staying the rule in most - not all - states
Supreme Court clarified that challenges
belong in federal district courts, not courts
of appeal. NAM v. Corps (2018)
Clean Water Rule (2015)
11. 11
Waters of the United States | US EPA (epa.gov/wotus)
Executive Order requiring review of 2020 Rule
Voluntary remand of 2020 Rule: (1) restore pre-
2015 protections; (2) establish durable definition
Environmentalist requests to vacate rule denied
Unified Agenda: WOTUS on “long-term” action list
Virtual public listening sessions later this summer
Dedicated stakeholder conversations
Regional roundtables in late fall or early winter
Biden Administration Response