Clean Water Act

Today, the Army Corps of Engineers and EPA announced in a blog post that the agencies were jointly sending a draft rule to the Office of Management and Budget (OMB) intended to clarify where the jurisdictional oversight of the federal Clean Water Act begins and ends. At issue, is the draft rule's attempt to define the "waters of the United States" and the application of federal law.

An innovative approach to managing nutrient runoff and water quality is being implemented in Indiana, Kentucky, and Ohio by using the basic structure of the successful Acid Rain Program first implemented in the mid-1990s by the EPA. In essence, the program creates a water quality cap-and-trade program that allows an industrial facility or utility to substantially reduce its compliance costs under the Clean Water Act by providing financial incentives to agriculture operations to implement best practices to reduce nutrient discharges into water. This flexible approach to environmental stewardship is thought to be the largest project of its kind in the world.
 

Be sure to register for tomorrow's webinar entitled: "The Clean Water Act and Waters of the U.S." In light of the Obama Administration's recent announcement that a rule may be forthcoming in 2013 which may settle the high-profile dispute with the limits of federal jurisdictional authority over "waters of the U.S.", you will want to participate in this informative event. The webinar will be tomorrow, February 21 at 2PM/Eastern and registration information can be found here.

Be sure to mark your calendar on February 21 at 2 PM/Eastern for the latest event in CSG's webinar series entitled: "The Clean Water Act and Waters of the U.S." In light of the Obama Administration's recent announcement that a rule may be forthcoming in 2013 which may settle the high-profile dispute with the limits of federal jurisdictional authority over "waters of the U.S.", you will want to participate in this informative event.

Yesterday, the Supreme Court ruled 8-0 in favor of the Arkansas Game and Fish Commission  determining that temporary flooding events caused by the federal government can be considered a "takings" under the Fifth Amendment. At issue was a long-standing legal dispute between the state agency and the Army Corps of Engineers over temporary flooding from water releases at a federal dam which killed timber in the Black River Wildlife Management Area in Northeast Arkansas.

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