Here are two new decisions from the courts. The Melton Properties case is an interesting one dealing with the old question of...

Florida today became only the third state since the inception of the CWA to be approved to run its own 404 program. Michigan and N.J....

Three days ago, I blogged about the "Interesting New Criminal WOTUS Case." That case, United States v. Coleman, 2020 WL 7244923 (11th...

Prior converted croplands (PCC), are a complex and often difficult-to-understand corner of the CWA. The concept is, in gross summary,...

The Circuit Courts see a lot of criminal appeals. Most are hail Mary's and most are unsuccessful. This one is different. The defendant...

Normally, it take many months from the time a rulemaking is public noticed until comments are received and then response to comments are...

The 4th Cir. decision below on NWP 12 is an important one involving construction of a gas pipeline. The Waste Action Project case is an...

EPA is proposing to update its 1984 state program authorization regulations that apply to both 402 and 404 programs to allow the states...

The Office of Regulatory Affairs publishes what is known as the "unified agenda" of the various federal agencies. Today's agenda for EPA...

EPA today released its draft guidance on the Maui decision. This guidance opines on what discharges to groundwater may be regulated under...

In 2008, EPA vetoed the 404 permits needed for the massive Yazoo Pumps flood control project. It had been estimated that the project...

The courts continue to turn out what seems like a record number of CWA cases. (Watch for my end-of-year summary later in December where I...

When an agency issues a new rule, it is required under the APA to public notice the rule and accept comments. Once it digests the...

Follow the bouncing ball. First, EPA 404(c)'d the permit under the Obama Administration. Then the new Trump EPA rescinded it. Now the...

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full...

The Association of State Wetlands Managers and the Center for Biological Diversity have commented on the proposed changes to the Corps...

The Upper Missouri Water Keeper case below is an interesting one. The case involves two now consolidated lawsuits and a complex dance...

The Pozsgai and Robertson cases below are two of the oldest wetlands cases around; both have been in litigation for decades. Only...

The CWA Blog will be on hiatus through November 16. Please check in the week of the 16th for more updates. There may be an election...

Professor David Uhlmann of the University of Michigan recently published a paper entitled, "New Environmental Crimes Project Data Shows...