• Mark Ryan

OMB Requests Public Comments on Enforcement

On January 30, OMB published a Federal Register notice requesting public comment on federal government enforcement, which ostensibly would cover CWA enforcement. The Fed. Reg. notice summary reads, "In furtherance of the policy on Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication, the Office of Management and Budget invites the public to identify additional reforms that will ensure adequate due process in regulatory enforcement and adjudication."

The Trump administration has been very aggressive in rewriting our federal environmental laws, and this appears to be yet another step toward relaxing regulations/strengthening the rights of defendants. This follows on the heals of trimming amicus participation in EAB cases and state's rights in 401 certifications (not to mention curtailing WOTUS jurisdiction and interpreting the CWA to not cover hydrologically-connected discharges). Here's a link to the Fed. Reg. notice.

20 views0 comments

Recent Posts

See All

A Special Treat

In my April 12 blogpost, I explained that I would be retiring soon, and with retirement I would be retiring the CWA Blog at the end of May. In that post, I referenced a special treat for my readers. A

Six New Cases

We have three Circuit Court cases this round, which is unusual. None are earth-shaking, but the Rio Hondo case is worth a read if TMDL/anti-backsliding/WQ permit limits are your thing. The Center for

Enviro Groups Sue the Corps Over Pipelines

A number of environmental groups have sued the Corps over NWP 12, alleging that the modifications to the NWP failed to properly analyze environmental impacts of pipelines. The NWP modifications pushed