EPA Proposed Rule Changes Questioned Based on Scientific Principles

The Environmental Protection Agency (EPA) is introducing significant changes to reduce environmental regulations on several critical issues, despite sharp criticism from several scientific advisers. The proposed changes reduce the standards governing waterways and wetlands, in addition to those governing gasoline mileage emissions for vehicles within the United States. Other changes are under consideration, including the EPA’s change of its calculation limiting air pollutants from coal-fired power plants, as well as the implementation of restrictions regarding the types of permissible scientific studies when writing new environmental …

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New Lawsuit puts EPA Repeal of WOTUS Rule in the News Again

On December 20, 2019 a coalition of 14 states, including both New York and New Jersey along with the District of Columbia and New York City, filed a lawsuit in the U.S. District Court for the Southern District of New York against the U.S. Environment Protection Agency (EPA) and Army Corps of Engineers,  challenging the new rule that redefines the term “waters of the United States” (WOTUS) under the Clean Water Act (CWA), which went into effect on December 23, 2019. The new lawsuit can be added to the list of challenges to the Trump …

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WOTUS War Surges Forward As EPA Announces Repeal of 2015 Rule

Last week, the United States Environmental Protection Agency’s (EPA) Administrator, Andrew R. Wheeler, signed a rule for publication that would repeal the 2015 Clean Water rule, also known as the Waters of the United States (WOTUS) rule. 

The 2015 WOTUS rule allowed for a significant extension of the reach of the Clean Water Act (CWA) by expanding the definition of “waters of the United States” to include waters such as headwaters, wetlands, and streams. The 2015 rule interpreted the CWA to cover these waters reasoning that they require protection “in order to restore and …

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The EPA’s Recent WOTUS Proposal Continues the Death Knell for the Clean Water Rule (2015)

The 2015 Clean Water Rule, also known as the Waters of the United States (WOTUS) rule, suffered another blow last week as the Environmental Protection Agency and the US Army Corps of Engineers released a new proposed definition of covered waters to replace the Obama administration’s controversial regulation, and opened a 60 day period for public comment. As we’ve previously reported, litigation throughout the United States has left a patchwork quilt of states where the WOTUS rule remained in effect. Ostensibly, the new …

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