The Fall and Rise of Water

When it comes to water regulation, much of the focus has been on waters of the United States and “contaminated” water from a private property (industry, agriculture, etc.) reaching a “defined” US water.  The debate of that definition has raged for decades and...

Clean Water Act: Significant Developments

On April 21, 2020, the Department of the Army (Corps of Engineers, Department of Defense) and the Environmental Protection Agency published “The Navigable Waters Protection Rule: Definition of ‘Waters of the United States.’ ’’  This rule replaces the previous Waters...

Recent Federal Environmental Enforcement Action

Environmental enforcement has trended downward for sometime.  As we pointed out last fall, there has been a steady decline in federal inspections (conducted by the Environmental Protection Agency [EPA]) since 2012.  For example, in 2012, there were 20,077 inspections,...