WOTUS

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On Tuesday, December 11, 2018, the Environmental Protection Agency (“EPA”) and U.S. Army Corp. of Engineers (“ACE”) proposed a rule revising the definition of “waters of the United States.” The so-called WOTUS rule defines the scope of Clean Water Act (“CWA”) jurisdiction and the permitting requirements thereunder, and has been in the hot seat for…

This is a horizontal, color, royalty free stock photograph shot with a Nikon D800 DSLR camera. The sky at dusk reflects pastel colors on the tranquil water's surface. Lilly pads float on this wetland landscape. Trees fill the background.

The US Ninth Circuit Court of Appeals has an opportunity to rule on controversial Clean Water Act wetlands jurisdictional requirements through the appeal of a Montana man’s conviction for polluting a navigable waterway. US v. Joseph Robertson, No. 16-30178 (C.A. 9). The timing of the appeal could affect the Trump administration’s efforts to take…