By Frank Giles The debate over the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) Waters of the United States (WOTUS) has been ongoing for years. During the President of the United States (POTUS) Barack Obama administration, a new definition of WOTUS was laid out that left a lot of ambiguity on what EPA’s jurisdiction might …
WOTUS Rule Amended to Conform with Supreme Court Decision
This week, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army (the agencies) announced a final rule amending the 2023 definition of waters of the United States (WOTUS) to conform with the recent Supreme Court decision in Sackett v. EPA. The agencies are committed to following the law and implementing the Clean Water Act to deliver the essential …
WOTUS Is Back
By Frank Giles The U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers announced the latest attempt to define the waters of the United States (WOTUS) under the Clean Water Act. The final rule was announced on Dec. 30. The latest WOTUS definition is the third attempt that started with President Obama in 2015. President Trump replaced that …
New Developments in Glyphosate Cases
There have been a few new developments in cases involving the popular herbicide glyphosate. The Ninth U.S. Circuit Court of Appeals agreed with environmental groups that the Environmental Protection Agency (EPA) didn’t adequately consider whether or not the herbicide causes cancer or threatens endangered species. The litigation against glyphosate began after EPA reauthorized the label and use of the herbicide …
WOTUS Roundtable Hearings are Underway
By Frank Giles  In early spring, the U.S. Environmental Protection Agency (EPA) and U.S. Department of the Army (the agencies) announced the selection of ten geographically varied roundtables with participants representing diverse perspectives. According to the agencies, these regional roundtable hearings are one important mechanism to consider the regional variation in implementation of WOTUS, given the diverse water quality …