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Are Ditches Now Point Sources?

I just published an article in Natural Resources & Environment (ABA) in which I argue that the new WOTUS rule exclusion of most ditches as WOTUS will lead to the unfortunate and unintended result of having many ag ditches and drains designated as point sources. Here's a link to my publications page, where you can find a copy of the article. https://www.ryankuehler.com/publications


Meanwhile, rumors are flying that the replacement WOTUS will be announced this weekend, with a federal register notice to follow. I'll post something as soon as I see a copy of the new rule.

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Sackett 9th Circuit Oral Argument

Remember Sackett? Yes, that Sackett. Well, it's still alive after all these years, at least until the the 9th Cir. rules. [Full disclosure, I worked on the Sackett case while at EPA.] Quick summary.

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