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Amphibians face threats from chemicals across the landscape

Numerous prior posts have noted various theories and evidence for the reduction in number of frogs found in various environments. Taking a step back from focusing on agricultural lands and practices, some researchers are surveying the presence of frogs, including intersex frogs (those with both male...

Even toxics can act as a generic selection factor in the environment

One of the themes of this blog has been that virtually anything present in the environment can act as a selection factor influencing the course of evolution. A recent study on fish and PCB's and dioxins illustrates this point. Unfortunately for humans, the end result is not necessarily positive or...

Decker v. Northwest Environmental Defense Center makes some interesting points on the scope and interpretation of the CWA

In Decker v. Northwest Envtl. Def. Ctr ., 2013 U.S. LEXIS 2373 (3/20/13), the Court addressed stormwater runoff from logging roads in Oregon. Georgia-Pacific et al used two logging roads from which rainwater runs off into ditches, culverts, and channels that discharge into nearby rivers and streams....

New Rule Clarifies Federal Government Authority to Regulate Certain Bodies of Water

By Brendan K. Collins and Michael C. Duffy The final Waters of the United States rule, jointly proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers last spring, was signed on May 26, 2015, and aims to clarify the federal government’s authority to regulate...

“Clearing” the Waters – U.S. EPA and the Army Corps Finalize “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (“U.S. EPA”) and the United States Army Corps of Engineers (“Corps”) issued their highly anticipated final revision to the definition of “waters of the United States.” Commonly referred to as the “Clean...

Creative Sentence For Ontario Concrete Company

A Sudbury ready mix concrete company, Rainbow Concrete Industries Ltd ., pleaded guilty to one count under s. 30 of the Ontario Water Resources Act , for discharging concrete waste water into a Sudbury creek, and received a creative sentence plus a fine. This is good news. Creative sentences, i.e...

U.S. EPA and the Army Corps Finalize Much-Anticipated “Waters of the United States” Definition

On May 27, 2015, the United States Environmental Protection Agency (U.S. EPA) and the United States Army Corps of Engineers (Corps) issued a highly anticipated revision to the federal definition of “waters of the United States.” By expanding the application of various regulations under multiple...

Clean Water Rule Opens Litigation Floodgates

By A. Keith "Kip" McAlister, Jr. With much fanfare, EPA and the Army Corps of Engineers (“Corps”) recently issued a final rule clarifying which bodies of water are “waters of the United States” protected under the Clean Water Act (“CWA”). Coming in...

EPA and Corps Define “Waters of The United States”

By: Channing J. Martin EPA and the Army Corps of Engineers have promulgated a final rule defining the scope of federal jurisdiction over wetlands and other “waters of the United States” under the Clean Water Act. Dubbed the “Clean Water Rule” by EPA, the 297-page document...

Waters of the United States – D.C. Circuit Home Builders II Opinion

Persistence is a good trait in the arena of appellate advocacy, but sometimes it is difficult to know when to keep pushing or when to stop. It may be that a signal was sent in the concurrence written by Senior Circuit Judge Silberman, with whom Senior Circuit Judge Sentelle joined, to keep pushing. Judge...

New EPA and USACE Regulations Revise Definition of "Waters of the United States"

By Mr. Ken Bogdan and Mr. Al Herson Under Clean Water Act (CWA) Section 404, the US Army Corps of Engineers (USACE) must issue a permit for discharges of dredged or fill material into "waters the United States" (WOTUS). On June 29, 2015, the Environmental Protection Agency (EPA) and USACE...

Waters of the U.S. Rule on Nationwide Hold

The U.S. Court of Appeals for the Sixth Circuit has stayed nationwide application of a controversial rule designed to clarify what water bodies and wetlands are subject to federal Clean Water Act regulation in a 2-1 decision, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis...

EPA Enjoined From Enforcing New WOTUS Rules

Last month, the United States Circuit Court of Appeals for the Sixth Circuit, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], pushed aside jurisdictional questions and issued a stay, effective nationwide, blocking implementation of the “Waters of the United...