Insight & Commentary for the Business and Legal Community
On October 31, the Army Corps of Engineers ("ACOE") issued new guidance as to the types and prioritization of jurisdictional determinations (JDs). Regulatory Guidance Letter (RGL) 16-01 "Jurisdictional Determinations" has very little new guidance in reality. However, some key language in the RGL makes clear the real purpose behind the RGL.
What is…
Today, the Sixth Circuit issued a stay of the Clean Water Rule in response to a challenge filed by eighteen states, including Ohio. The issuance of a stay represents a major set back to EPA in effort to better define the limits of federal jurisdiction under the Clean Water Act (CWA). Unlike the stay issued…
On May 27, 2015, US EPA and the Army Corps of Engineers (ACOE) released the final version of the rule which defines federal jurisdiction over waterways (referred to as the "Clean Water Rule").
Those who support the rule argue that it merely puts in place existing guidance and practice. Supporters also argue…
Bringing some level of sanity to the current state of wetland and stream permitting, the Eighth Circuit Court of Appeals has determined that an approved jurisdictional determination (JD) is a final agency action that can be challenged. See, Hawkes Co., Inc. et al v. Corps, Case No. 13-3067 (April 10, 2015). The Eighth Circuit…
