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.

The U.S. Bureau of Reclamation (Bureau) announced that it will reduce releases from Lake Powell into Lake Mead to its lowest level since filling Lake Powell in the 1960s. 

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.

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.

So far the most controversial case the U.S. Supreme Court has accepted for its October 2012 term involves the University of Texas-Austin’s affirmative action plan.  Will it take a gay marriage case is the big question.  If the Court’s objective is to lie low after deciding two particularly controversial cases—the Affordable Care Act cases and Arizona immigration case—stormwater runoff might be a safe subject matter to take up.  This perhaps explains why the Court has accepted not one but two stormwater runoff cases!