LexisNexis® Legal Newsroom
Rapanos Guidance III – "Waters" Revisited

Richard E. Glaze, Jr., Partner, Balch & Bingham, LLP [1] On May 2, 2011, the United States Environmental Protection Agency and the United States Army Corps of Engineers[2] issued draft joint guidance[3] for the interpretation of the phrase "waters of the United States" under the Clean...

Communications Between DOJ Attorneys Representing Separate Agencies Ordered Disclosed

By Steven M. Siros, Partner, Jenner & Block DOJ attorneys representing the United States Army Corps of Engineers (the "Corps") and the United States Environmental Protection Agency ("EPA") found themselves unable to rely on the attorney work product, attorney-client, or deliberative...

Water Scarcity Challenges Headed To Supreme Court

By E. Lynn Grayson, Partner, Jenner & Block Three petitions have been filed with the U.S. Supreme Court seeking a review of a recent 11 th Circuit Court of Appeals ruling that authorized the U.S. Army Corps of Engineers to allocate additional water from Lake Lanier to meet Atlanta's growing...

House Votes to Thwart USEPA and Army Corps’ ‘Waters of the United States’ Rulemaking

By Abigail Faulkner Jones On September 9, the U.S. House of Representatives voted to pass a bill introduced in response to the ‘Waters of the United States’ Proposed Rule that was prepared jointly by the U.S. Army Corps of Engineers (USACE) and U.S. Environmental Protection Agency (USEPA...