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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,...

Surprising Change in Environmental Policy

In a move that seems out of step with the Trump Administration’s general (federal) anti-regulatory approach to governance, the US Department of Justice (DOJ) has ended their use of Supplemental Environmental Projects (SEPs). While this is somewhat surprising, there...