The Never-Ending Saga
Author
Joshua A. Bloom - Meyers Nave Law firm
Meyers Nave Law firm
Current Issue
Issue
3

In what appears to be the new normal when it comes to defining "waters of the United States," every effort that seeks to clarify that term, and in turn, the reach of federal authority to regulate water pollution, breeds yet more confusion.

Clean Water Act Jurisdiction

The U.S. Supreme Court issued several rulings resulting in confusion over the scope of the federal Clean Water Act. SWANCC v. U.S. Army Corps of Engineers (2001) and Rapanos v. United States (2006), created great uncertainty for landowners, environmental advocates, and regulators about whether many types of wetlands, small and intermittent streams, and other waters are subject to federal jurisdiction.The U.S. Environmental Protection Agency and U.S.

Updated Handbook Helps Navigate Post-Rapanos Clean Water Act
May 2012

(Washington, DC) — In a year marking the 40th anniversary of the Clean Water Act, federal courts across the country continue to struggle in determining jurisdiction and applying the fractured Supreme Court’s 2006 ruling in Rapanos v. United States, which has now been interpreted, applied, or cited in over 90 different cases arising in 35 states. Six years after the decision, the legal battle over federal Clean Water Act jurisdiction shows no signs of abating.